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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, November 28, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
• Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
• Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
a) Administrative Report
4. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed three minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
5. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of November 21, 2022.
Council Concur
b) AB - 3244 Mayor Pavone reappoints the following individuals to the Renton Senior Citizen
Advisory Committee: Terms expiring December 31, 2023 - Christine Gray-Scott; Marge
Cochran-Reep; Beatrice (Peggy) Budziu; Sandy Poley; Shirley Haddock; Terms expiring
December 31, 2024 - Ronald Erb; Jack Wardell; Anita Dull; Julie Horan; Terms expiring
December 31, 2025 - Elaine Seay-Davis; Katharine Cooke; Siona Cochran; Faye Williams;
and Brigid Cabellon.
Council Concur
c) AB - 3245 Mayor Pavone reappoints the following individuals to the Equity Commission
with terms expiring on December 31, 2025: Cassandra Baddeley and Ashok Padhi.
Council Concur
d) AB - 3243 Community & Economic Development Department recommends approval of
the Lodging Tax Advisory Committee funding allocations in the amount of $444,000; and
approval to execute the related contracts with the successful applicants.
Refer to Committee of the Whole
e) AB - 3248 Public Works Transportation Systems Division recommends approval of a
Grade Crossing Construction and Maintenance Agreement and an Easement Agreement
for Park Ave N Extension with BNSF Railway. The City agrees to pay an estimated amount
of $176,083 for the installation of a the new surface crossing, $397,136 for the
installation of signal improvements, and annual maintenance costs estimated at $17,808.
Additionally, the City will pay BSNF $228,000 for the land value of the permanent
easement, $71,000 for the temporary construction license, and a $2,500 processing fee.
This project will provide a critical second access to the Southport development site.
Refer to Transportation (Aviation) Committee
f) AB - 3246 Public Works Utility Systems Division recommends execution of Water Quality
Stormwater Capacity Agreement No. WQSWCAP-2123-Renton-00172, with the
Washington State Department of Ecology, in order to accept $50,000 in non-matching
grant funds to assist in complying with the requirements of the Western Washington
Phase II Municipal Stormwater Permit.
Refer to Finance Committee
g) AB - 3247 Public Works Utility Systems Division submits CAG-21-131, contract with Sierra
Pacific Construction, LLC, for the Maplewood Creek and Madsen Creek Sediment Basin
Cleaning Project 2021-2022, and recommends acceptance of the project and
authorization release of the retainage bond after 60 days, once all State required
released have been obtained.
Council Concur
6. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers; Addendum No. 7 to CAG-11-176 with Community
Connectivity Consortium for Project Agreement 80*; Agreement with Washington State
Criminal Justice Training Commission; Interagency agreement between the Renton Police
Department and the Washington Traffic Safety Commission; Agreement with Graham
Baba Architects for Design Services; Human Services Funding Recommendations for 2023-
2024
7. LEGISLATION
Resolution:
a) Resolution No. 4487: Community Connectivity Consortium (See Item 6.a)
Ordinances for first reading:
b) Ordinance No. 6096: D-217 - Prohibit Personal delivery (Recommended for Adoption by
P&D Committee on September 12, 2022)
c) Ordinance No. 6097: D-219: Condo Proposal Review (Recommended for Adoption by P&D
Committee on September 12, 2022)
d) Ordinance No. 6098: D-222: Permit Submittal Requirements (Recommended for Adoption
by P&D Committee on September 26, 2022)
e) Ordinance No. 6099: D-224 - Parking/Conversions (Recommended for Adoption by P&D
Committee on September 26, 2022)
f) Ordinance No. 6100: D-225 - Warehouse Standards (Recommended for Adoption by P&D
Committee on September 26, 2022)
Ordinances for second and final reading:
g) Ordinance No. 6090: D-207 - Code Interpretations (First Reading on 11/21/2022)
h) Ordinance No. 6091: D-209 - Solar Systems (First Reading on 11/21/2022)
i) Ordinance No. 6092: D-213 - Parking (First Reading on 11/21/2022)
j) Ordinance No. 6093: D-215 - Dwelling Units in CO (First Reading on 11/21/2022)
k) Ordinance No. 6094: D-216 - Special Fence Permits (First Reading on 11/21/2022)
l) Ordinance No. 6095: D-221 - Smoking/Hookah Lounges (First Reading on 11/21/2022)
m) Ordinance No. 6105: 2023-2024 Solid Waste Rates Ordinance (First Reading on
11/21/2022)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Council Chambers/Videoconference
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Mayor’s Office
Memorandum
DATE: November 28, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services
(EHHS) Department and the Emergency Feeding Program, will be held Tuesday,
November 29 from 12-1:30 p.m. at 300 Rainier Avenue North. Ready-to-eat lunch and
drinks from Amazon Fresh, personal hygiene kits, cleaning supplies, and socks will be
available to those with food insecurities and/or who are unsheltered. The pop-up lunch
events will be suspended for the month of December.
• The Renton Equity Commission and the Human Services Advisory Committee are
currently recruiting youth members. The age range for the Equity Commission youth
member is 18-25 and the Human Services Advisory Committee range is under 21 years
of age. Youth members are eligible to earn community service hours as well. In addition,
the Human Services Advisory Committee is accepting applications for three regular
member vacancies. This is an excellent opportunity to learn about equity and inclusion,
human services, local government, and volunteerism. Oral interviews for all vacancies
will be conducted in December. Interested applicants may apply for these positions by
visiting our website at rentonwa.gov/application. Applications will be accepted through
5:00 p.m. Wednesday, November 30.
• Opening night for this year's Renton Holiday Lights is Friday, December 2 from 6 to 8:30
p.m. at Gene Coulon Memorial Beach Park. The arrival of Santa and the display of lights
will kick off the festivities. Holiday lights will run daily from 5 to 9 p.m., December 3
through January 1 Due to park restoration, the north water walk near Ivar's will be
closed.
• The K9 Candy Cane 5K Fun Run and Walk will be held at the Renton Community Center
on Sunday, December 4, 9:15 a.m. Runners and walkers (with or without dogs) are
invited to this annual event. Last chance registration ends at 2 p.m., December 3. For
more information visit rentonwa.gov/k9register.
AGENDA ITEM #3. a)
Ryan McIrvin, Council President
Members of Renton City Council
Page 2 of 2
November 28, 2022
• Join public safety personnel from around the region for Battle of the Badges, Holiday
Lights, on Friday, December 9 from 6-8 p.m. at the Renton Community Center. They will
get festive and decorate their vehicle or a 10 x 10 canopy, then you get to drive through
and vote on the best Use of Lights, Overall Design, and Holiday Spirit! New coats will
also be collected to benefit youth in need.
• Information about preventative street maintenance, traffic impact projects, road
closures, and I-405 work happening this week can be found at
http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise
noted, streets will always remain open. Preventative street maintenance, traffic impact
projects, and road closures will be at the following locations:
Monday, November 28 through Friday, December 2, 7:000 a.m. to 3:30 p.m.
Intermittent lane closure on Lincoln Ave NE at the 4100 block for utility and roadway
construction. Questions may be directed to Kip Braaten at 206-503-1746.
Monday, November 28 through Friday, December 2, 8:30 a.m. to 3:00 p.m.
Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility
installation. Questions may be directed to Brad Stocco at 425-282-2373.
Monday, November 28 through Friday, December 2, 8:30 a.m. to 3:00 p.m.
Intermittent lane closure on 116th Ave SE at SE 186th St. Questions may be directed
to Tom Main at 206-999-1833.
Monday, November 28 through Friday, December 2, 8:30 a.m. to 3:00 p.m.
Intermittent lane closure on northbound Talbot Rd S at S 45th Pl. Questions may be
directed to Tom Main at 206-999-1833.
On-going Street Closure through October 4, 2023 (City of Renton Resolution No.
4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and
Harrington Place NE in support of the Solera Development Project (LUA20-000305).
Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #3. a)
November 21, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, November 21, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ryan McIrvin, Council President
(attended remotely)
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Kristi Rowland, Deputy Chief Administrative Officer
Patrice Kent, Senior Assistant City Attorney
Jason Seth, City Clerk
Kelly Beymer, Parks & Recreation Department Administrator
Amanda Askren, Interim Economic Development Director
Commander Ryan Rutledge, Police Department
Attended remotely:
Armondo Pavone, Mayor
Ellen Bradley-Mak, Human Resource and Risk Management Administrator
Kari Roller, Finance Administrator
Martin Pastucha, Public Works Administrator
Vanessa Dolbee, Planning Director
Chief Jon Schuldt, Police Department
AGENDA ITEM #5. a)
November 21, 2022 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
a) Small Business Saturday: A proclamation by Mayor Pavone was read declaring November 26,
2022 to be Small Business Saturday in the City of Renton, encouraging all members of the
community to support small businesses on Small Business Saturday and throughout the year.
Sue Bollinger, VP of the Renton Downtown Partnership (RDP), accepted the proclamation
with appreciation.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
SPECIAL PRESENTATION
a) Family First Community Center: King County Councilmember Dave Upthegrove presented a
check in the amount of $500,000 to the City to assist with the construction and operation of
the Family First Community Center (FFCC). Councilmember Upthegrove noted that this new
facility, created in partnership with the Doug Baldwin Foundation, the Renton School District,
King County, the City, and many other partners will provide a much-needed resource for the
Benson Hill community.
ADMINISTRATIVE REPORT
Deputy CAO Kristi Rowland reviewed a written administrative report summarizing the City’s
recent progress towards goals and work programs adopted as part of its business plan for
2022 and beyond. Items noted were:
• Celebrate Small Business Saturday in Downtown Renton with a full day of events on
November 26! Starting at 10:00am, stroll and shop throughout Downtown Renton.
From 12:00-4:00pm, Renton Holiday Farmers Market will have favorite market
vendors at Piazza Park, S. 3rd St and Burnett Ave S. More shopping and live music will
be happening until 7:00pm at the Pavilion Building. Watch the tree lighting at Piazza
Park at 5:00pm, followed closely by Santa’s arrival and photos with him at the Pavilion
Building. For more information on Renton’s Holiday Farmers Market, visit our
Facebook page or www.rentonfarmersmarket.com. Also, see the Renton Downtown
Partnership Facebook page for information on all the other Small Business Saturday
events.
• The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services
(EHHS) Department and the Emergency Feeding Program, will be held Tuesday,
November 29 from 12-1:30 p.m. at 300 Rainier Avenue North. Ready-to-eat lunch and
drinks from Amazon Fresh, personal hygiene kits, cleaning supplies, and socks will be
available to those with food insecurities and/or who are unsheltered. The pop-up
lunch events will be suspended for the month of December.
• The Renton Equity Commission and the Human Services Advisory Committee are
currently recruiting youth members. The age range for the Equity Commission youth
member is 18-25 and the Human Services Advisory Committee range is under 21
years of age. This is an excellent opportunity to learn about equity and inclusion,
human services, local government, and volunteerism. Youth members are eligible to
earn community service hours as well. Applications will be accepted through 5:00pm
Wednesday, November 30. Oral interviews for all vacancies will be conducted in
AGENDA ITEM #5. a)
November 21, 2022 REGULAR COUNCIL MEETING MINUTES
December. Interested applicants may apply for these positions by visiting our website
at rentonwa.gov/application.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Howard McOmber, Renton, thanked the Mayor and Council for their volunteerism in
the community. He displayed a flyer inviting all members of the community to join in
a free Thanksgiving meal, on November 24, 2022 from 1 p.m. to 3 p.m., at Luther's
Table, located at 419 S 2nd St, Suite #1, Renton, WA 98057.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of November 14, 2022. Council Concur.
b) AB - 3227 Equity, Housing, and Human Services Department recommended approval of the
Human Services Advisory Committee's 2023/2024 human services funding recommendations
to 64 programs in the amount of $812,000 annually; and authorization to execute the related
agency agreements subject to approval as to legal form. Refer to Finance Committee.
c) AB - 3236 Police Department recommended approval of a three-year agreement with the
Washington State Criminal Justice Training Commission for the reimbursement of salary and
benefits in exchange for providing a police officer to be a training officer at the Basic Law
Enforcement Academy. Refer to Finance Committee.
d) AB - 3240 Police Department recommended approval of an agreement with the Washington
Traffic Safety Commission to accept $17,000 in grant funds for high-visibility enforcement
traffic safety emphasis patrols. Refer to Finance Committee.
e) AB - 3242 Public Works Facilities Division recommended approval of an agreement with
Graham Baba Architects, in the amount of $106,862, for design services for the interior
renovation of the downtown Pavilion building, located at 233 Burnett Ave S. Refer to Finance
Committee.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to approve the 2023 and 2024 Solid Waste Utility revenue requirements and the associated
ordinance allowing the City to charge the 2023 rates beginning February 1, 2023, and the 2024
rates beginning January 1, 2024.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to approve the resolution authorizing the Mayor and the City Clerk to enter an interlocal
agreement with the City of Newcastle for the purpose of sharing the cost of the 116th Ave SE and
Edmonds Ave NE Pipe Revitalization Project.
AGENDA ITEM #5. a)
November 21, 2022 REGULAR COUNCIL MEETING MINUTES
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Transportation Committee Chair Vǎn presented a report concurring in the staff recommendation
to approve Amendment No. 1 to CAG-22-255 in the amount of $225,100.00 with TranTech
Engineering, LLC for Construction Management Services for the Bronson Way Bridge – Seismic
Retrofit and Painting Project.
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4486: A resolution was read authorizing the Mayor and City Clerk to enter into
an interlocal agreement with City of Newcastle, a Washington Municipal Corporation for the
purpose of sharing the cost of a stormwater project that extends across both cities and
improves drainage through 3336 Edmonds Ave NE, a Renton property.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinances for first reading:
b) Ordinance No. 6090: An ordinance was read amending Subsections 4-1-190.R, 4-1-210.B, 4-2-
080.A.25, 4-2-110.B.4, 4-2-110.E.39, 4-2-115.E.2, 4-3-100.B, 4-3-100.E.5, and 4-4-080.I of the
Renton Municipal Code, codifying administrative code interpretations from February 2019 to
September, 2021, authorizing corrections, providing for severability, and establishing an
effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
c) Ordinance No. 6091: An ordinance was read amending Subsections 4-2-110.A, 4-2-110.C, 4-2-
110.E.4, 4-2-110.E.10, and 4-5-060.E.2.C of the Renton Municipal Code, adding an exemption
for certain photovoltaic (solar) systems from building permits, authorizing corrections,
providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
d) Ordinance No. 6092: An ordinance was read amending commercial parking standards for
mixed use buildings in Subsection 4-4-080.F.10 of the Renton Municipal Code, authorizing
corrections, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
e) Ordinance No. 6093: An ordinance was read amending Subsections 4-2-080.A.16, 4-2-120.B,
and 4-9-200.B of the Renton Municipal Code, to allow residential development in the
Commercial Office zone, authorizing corrections, providing for severability, and establishing
an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #5. a)
November 21, 2022 REGULAR COUNCIL MEETING MINUTES
f) Ordinance No. 6094: An ordinance was read amending Subsections 4-4-040.E.2, 4-4-040.F,
and 4-4-040.G of the Renton Municipal Code; amending procedures and applicability for
variation from fence or hedge standards, authorizing corrections, providing for severability,
and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
g) Ordinance No. 6095: An ordinance was read addressing the permissibility of smoking lounges
citywide by amending Subsection 4-2-060.J, 4-11-160, and 4-11-190 of the Renton Municipal
Code, authorizing corrections, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
h) Ordinance No. 6105: An ordinance was read amending Section 8-1-10 of the Renton
Municipal Code, establishing the 2023 and 2024 solid waste collection service rates for all
customer classes, authorizing corrections, providing for severability, and establishing an
effective date.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinances for second and final reading:
i) Ordinance No. 6103: An ordinance was read adopting the 2018 Edition of the International
Fire Code as adopted and amended by the State Building Code Council in Chapter 51-54A
WAC, revising the City’s amendments thereto in Section 4-5-070 of the Renton Municipal
Code, authorizing corrections, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
j) Ordinance No. 6104: An ordinance was read amending Section 3-4-3 of the Renton Municipal
Code to authorize the Finance Department Administrator to write off bad debt; providing
severability and establishing an effective date.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
a) Nominate and Elect 2023 Council President
MOVED BY MCIRVIN, SECONDED BY ALBERSON, COUNCIL OPEN NOMINATION
FOR 2023 COUNCIL PRESIDENT. CARRIED.
Mayor Pavone called for nominations.
Councilmember Prince nominated Councilmember O'Halloran for 2023 Council President.
There being no further nominations,
MOVED BY MCIRVIN, SECONDED BY ALBERSON, COUNCIL CLOSE THE
NOMINATIONS FOR 2023 COUNCIL PRESIDENT. CARRIED.
AGENDA ITEM #5. a)
November 21, 2022 REGULAR COUNCIL MEETING MINUTES
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ELECT COUNCILMEMBER
O'HALLORAN AS 2023 COUNCIL PRESIDENT. CARRIED.
b) Nominate and Elect 2023 Council President Pro Tempore.
MOVED BY MCIRVIN, SECONDED BY ALBERSON, COUNCIL OPEN NOMINATIONS
FOR 2023 COUNCIL PRESIDENT PRO TEMPORE. CARRIED.
Mayor Pavone called for nominations for 2023 Council President Pro Tempore.
Councilmember Pérez nominated Councilmember Vǎn.
Council President McIrvin nominated Councilmember Prince.
MOVED BY MCIRVIN, SECONDED BY RIVERA, COUNCIL CLOSE NOMINATIONS FOR
2023 COUNCIL PRESIDENT PRO TEMPORE. CARRIED.
A roll call vote was taken:
Council President McIrvin - Prince
Councilmember O'Halloran - Prince
Councilmember Rivera - Prince
Councilmember Alberson - Prince
Councilmember Vǎn - Prince
Councilmember Pérez - Prince
Councilmember Prince - Prince
Councilmember Prince elected as 2023 Council President Pro Tempore.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY RIVERA, COUNCIL ADJOURN. CARRIED.
Time: 7:37 p.m.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
21 Nov 2022
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
November 21, 2022
November 28, 2022
Monday
5:00 PM Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Addendum No. 7 to CAG-11-176 with Community Connectivity Consortium
for Project Agreement 80
2. Agreement with Washington State Criminal Justice Training Commission
3. Interagency agreement between the Renton Police Department and the
Washington Traffic Safety Commission
4. Agreement with Graham Baba Architects for Design Services
5. Human Services Funding Recommendations for 2023-2024
6. Vouchers
7. Emerging Issues in Finance
CANCELED Planning & Development Committee, Chair Prince
6:00 PM Committee of the Whole, Chair McIrvin
Location: Council Chambers/Videoconference
1. King County Solid Waste RE+ Pledge Briefing
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #5. a)
AB - 3244
City Council Regular Meeting - 28 Nov 2022
SUBJECT/TITLE: Reappointments to the Renton Senior Citizen Advisory Board
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Mayor Pavone
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: x6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Pavone reappoints the following to the Renton Senior Citizen Advisory Board:
Christine Gray-Scott, term expiring 12/31/23
Marge Cochran-Reep, term expiring 12/31/23
Beatrice (Peggy) Budziu, term expiring 12/31/23
Sandy Poley, term expiring 12/31/23
Shirley Haddock, term expiring 12/31/23
Ronald Erb, term expiring 12/31/24
Jack Wardell, term expiring 12/31/24
Anita Dull, term expiring 12/31/24
Julie Horan, term expiring 12/31/24
Elaine Seay-Davis, term expiring 12/31/25
Katharine Cooke, term expiring 12/31/25
Siona Cochran, term expiring 12/31/25
Faye Williams, term expiring 12/31/25
Brigid Cabellon, term expiring 12/31/25
EXHIBITS:
A. Recommendation memo
STAFF RECOMMENDATION:
Confirm Mayor Pavone's reappointments to the Renton Senior Citizen Advisory Committee.
AGENDA ITEM #5. b)
Parks & Recreation
Department Memorandum
DATE: November 17, 2022
TO: Armondo Pavone, Mayor
CC: Ed VanValey, Chief Administrative Officer
Jason Seth, City Clerk
Carrie Nass, Recreation Director
Sean Claggett, Recreation Supervisor, Advisory Board Liaison
FROM: Kelly Beymer, Parks and Recreation Administrator
SUBJECT: Re-Appointments to Renton Senior Citizen Advisory Board
I, along with staff, would like to request your consideration to recommend to the City
Council the re-appointment of the following Renton Senior Citizen Advisory board members.
During 2021 and 2022, these board members’ terms expired and reappointments lapsed
during the challenges of meeting during Covid-19 restrictions. These current board
members have expressed interest and eagerness to continue to volunteer in this capacity as
advocates and ambassadors for the city in support of senior programs, activities, and
initiatives.
To align to this board’s ordinance and bylaws, stating 3-year terms, January through
December, these board members will serve, once re-appointed, January 1, 2023 through
the stated expiration dates below to true-up staggered 3-year terms per Ordinance 5895.
Position 1 Christine Gray-Scott ............... Term expires 12/31/2023
Position 7 Marge Cochran-Reep ............. Term expires 12/31/2023
Position 11 Peggy Budziu .......................... Term expires 12/31/2023
Position 12 Sandy Poley ............................ Term expires 12/31/2023
Position 13 Shirley Haddock ...................... Term expires 12/31/2023
Position 4 Ronald Erb .............................. Term expires 12/31/2024
Position 6 Jack Wardell ........................... Term expires 12/31/2024
Position 9 Anita Dull ................................ Term expires 12/31/2024
Position 14 Julie Horan .............................. Term expires 12/31/2024
Position 2 Elaine Seay-Davis .................... Term expires 12/31/2025
Position 3 Katharine Cooke .................... Term expires 12/31/2025
Position 5 Siona Cochran ........................ Term expires 12/31/2025
Position 8 Faye Williams ........................ Term expires 12/31/2025
Position 15 Brigid Cabellon ....................... Term expires 12/31/2025
(Position 10 is vacant and the board will attempt to fill early 2023.)
If you would like more information, contact Sean Claggett at x6632 or myself at x6617.
AGENDA ITEM #5. b)
AB - 3245
City Council Regular Meeting - 28 Nov 2022
SUBJECT/TITLE: Reappointments to the Equity Commission
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Mayor Pavone
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: x6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Pavone reappoints the following to the Equity Commission:
Cassandra Baddeley, term expiring 12/31/25
Ashok Padhi, term expiring 12/31/25
EXHIBITS:
A. Recommendation Memo
STAFF RECOMMENDATION:
Confirm Mayor Pavone's appointments of Ms. Baddeley and Mr. Padhi to the Equity Commission.
AGENDA ITEM #5. c)
AGENDA ITEM #5. c)
AGENDA ITEM #5. c)
AB - 3243
City Council Regular Meeting - 28 Nov 2022
SUBJECT/TITLE: Allocation of Lodging Tax Funding for 2023
RECOMMENDED ACTION: Refer to Committee of the Whole
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Amanda Askren, Economic Development Director, Acting
EXT.: 7369
FISCAL IMPACT SUMMARY:
Expenditure Required: $444,000
SUMMARY OF ACTION:
The Lodging Tax Advisory Committee met in June to approve and set a timeline for the application process.
The deadline to apply was October 21, 2022. Twenty-three applications totaling $1,175,230 were received.
The Lodging Tax Advisory Committee recommends Renton City Council approval 2023 expenditures from the
Lodging Tax Fund as follows:
AmPowering - Global Women Festival 2023 - $15,000
AmPowering -North America Fashion Week 2023 - $15,000
Baile Dior Studios - Emerald City Stomp & Shake - $6,500
City of Maple Valley - 2023 Ironman - $25,000
Renton Farmers Market 2023 Season - $5,000
Renton River Days 2023 - $5,000
City of Renton 4th of July Celebration - $20,000
Renton Community Marketing Campaign - $75,000
City of Renton Holiday Lights program - $7,500
HighSchool.GG - Renton City Retro 2023 - $20,000
Northwest Entertainment Foundation - KingCon NW 2023 - $5,000
Randall Morris Foundation - Gala and Celebrity Golf Tournament - $10,000
Renton Chamber of Commerce - Visitor's Center Operations - $75,000
Renton Downtown Partnership - Tourism Incentive Program - $75,000
Renton King County Black alliance for Equity and Justice - Juneteenth Festival - $5,000
Renton King County Black alliance for Equity and Justice - Black History Month- $5,000
Return to Renton Benefit Car Show - $5,000
Seattle TISI Sangam - Seattle Sangam Cultural & Sports Event - $20,000
United Creatives - SECO Festival Series - $50,000
Total Recommendation: $444,000
EXHIBITS:
AGENDA ITEM #5. d)
A. Issue Paper_2023 LTAC Allocations
B. 2023 LTAC Applicant Summary
STAFF RECOMMENDATION:
Approve allocations for the 2023 Lodging Tax Fund as recommended by the Lodging Tax Advisory Committee
and authorize the Mayor and City Clerk to execute contracts with the successful applicants to expend
budgeted funds on the proposed additional marketing initiatives.
AGENDA ITEM #5. d)
DEPARTMENT OF COMMUNITY &
ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:November 15, 2022
TO:Ryan McIrvin, Council President
Members of Renton City Council
CC:Armondo Pavone, Mayor
FROM:Chip Vincent, CED Administrator (x6588)
STAFF CONTACT:Jessie Kotarski (x7271)
SUBJECT:Allocation of Lodging Tax Funding for 2023
ISSUE
Should money from Lodging Tax funds be allocated to applicants to support tourism
marketing and operations as recommended by Renton’s Lodging Tax Advisory
Committee (LTAC)?
RECOMMENDATION
Support the recommendation of the Lodging Tax Advisory Committee to allocate an
$444,000 in lodging tax funding for funding in 2023 as detailed in the attached matrix
and summarized below.
Additionally, staff recommends that the Mayor and City Clerk be allowed to execute
contracts with the successful applicants to expend budgeted funds on the proposed
additional marketing initiatives outlined below.
BACKGROUND SUMMARY
In accordance with RCW 67.28.1817, the City of Renton has established a Lodging Tax
Advisory Committee to recommend the allocation of lodging tax funds to Renton City
Council. The Committee was chaired by Councilmember Alberson and members
include:
•Cathy Martinez, Legacy Hospitality (Hampton)
•Scott Lane, Hyatt Regency Lake Washington at Seattle’s Southport
•Menka Soni, AmPowering
Council "may only choose recipients from the list of candidates and recommended
amounts provided by the local lodging tax advisory committee." However, Council does
not have to fund the full list as recommended by the LTAC and can choose to make
AGENDA ITEM #5. d)
Ryan McIrvin, Council President
Page 2 of 2
November 15, 2022
awards in the recommended amounts to all, some, or none of the candidates on this
list.
The Lodging Tax Advisory Committee met on June 30, 2022, to approve and set a
timeline for funding through the 2023 Lodging Tax application process. The applications
were made available online on August 27, 2022. The deadline to apply was October 21,
2023. Twenty-three applications were received.
The Committee heard presentations from qualified applicants on November 8, 2022 and
conducted a debriefing following the interviews to finalize its recommendations.
The Lodging Tax Advisory Committee recommends Renton City Council approve 2023
expenditures from the Lodging Tax Fund as follows:
•AmPowering - Global Women Festival 2023 - $15,000
•AmPowering - North America Fashion Week 2023 - $15,000
•Baile Dior Studios - Emerald City Stomp & Shake - $6,500
•City of Maple Valley - 2023 Ironman - $25,000
•Renton Farmers Market 2023 Season - $5,000
•Renton River Days 2023 - $5,000
•City of Renton 4th of July Celebration - $20,000
•Renton Community Marketing Campaign - $75,000
•City of Renton Holiday Lights program - $7,500
•HighSchool.GG - Renton City Retro 2023 - $20,000
•Northwest Entertainment Foundation - KingCon NW 2023 - $5,000
•Randall Morris Foundation - Gala and Celebrity Golf Tournament - $10,000
•Renton Chamber of Commerce - Visitor's Center Operations - $75,000
•Renton Downtown Partnership - Tourism Incentive Program - $75,000
•Renton King County Black alliance for Equity and Justice - Juneteenth Festival - $5,000
•Renton King County Black alliance for Equity and Justice - Black History Month- $5,000
•Return to Renton Benefit Car Show - $5,000
•Seattle TISI Sangam - Seattle Sangam Cultural & Sports Event - $20,000
•United Creatives - SECO Festival Series - $50,000
Total Recommendation: $444,000
These expenditures are recommended at a level less than the anticipated fund balance
in the 2022-2023 lodging tax fund.
Staff appreciates the thorough review given to each application by the Committee and
finds their recommendations are consistent with the goals of the City’s Business Plan
and Economic Development Strategic Plan.
AGENDA ITEM #5. d)
Grant Applicant
Event Name Contact Information Date of Event Summary of Project or Event Amount
Requested
Amount
Recommended
1 AmPowering
Global Women Festival 2023
Menka Soni
soni_menka@hotmail.com
425‐301‐2255
425‐418‐7181 (cell)
December 2023 Deepavali or Diwali, the Hindu festival of lights. The themes associated with Diwali
are the ‘triumph of good over evil,’ ‘light over darkness’ and ‘positivity over the
negative.’ The major deity is the Goddess of spiritual and material Wealth,
Prosperity and Light, Mother Lakshmi. Vision is to transform Downtown Renton into
a street market of India, full of lights, flags, decorations, culture, music, dance.
$35,000 $15,000
2 AmPowering
North American Fashion Week
Menka Soni
soni_menka@hotmail.com
425‐301‐2255
425‐418‐7181 (cell)
September 2023 A celebration of art and culture designed to promote local fashion designers and
put Renton on the map as an industry hotspot while connecting local and
international designers. NAFW is a great platform to promote tourism and
commerce while supporting the arts and multiculturalism.
$35,000 $15,000
3 Baile Dior Studios
Emerald City Stomp & Shake
TiQuida Spellman
bailediorstudios@gmail.com
206‐501‐6563
March 3‐5, 2023 Emerald city stomp & shake an HBCU dance, cheer and drill event. Teams will be
invited from all around the US. To compete within one of the three genres with
creative categories. The event will have a celebrity host & judge from lifetime’s hit
show “bring it” and collegiate‐level cheerleaders from historically black colleges
and universities. The goal is to increase awareness of BIPOC dance, cheer and drill
in our community, increase the visibility of the HBCU dance studio in Renton, and
create an ongoing relationship with other teams to continue our event annually.
$6,500 $6,500
4 City of Maple Valley
2023 Ironman
Laura Philpot
laura.philpot@maplevalleywa.gov
425‐413‐6625
17‐Sep‐23 Seeking financial assistance for the 2023 Maple Valley Ironman on Sunday, Sept 17,
2023. Maple Valley has no hotels for event attendees to stay. The event will
partner with Renton hotels for lodging options and room blocks
$25,000 $25,000
5 City of Renton
Farmers Market
Carrie Olson
clolson@rentonwa.gov
425‐430‐7214
Jun ‐ Sept 2023 The goal of the Renton Farmers Market (RFM), in the hub of Downtown Renton, is
to act as a social glue that attracts a diverse population from the King County region
to support local businesses, eat healthier foods, learn about regional services and
social networking. Visitors not only shop at the Market, a weekly survey revealed,
but 80% of respondents noted they also travel into the adjacent business district
and spend money at shops and eateries.
$10,000 $5,000
6 City of Renton
Renton's 4th of July
Jennifer Spencer
jspencer@rentonwa.gov 425‐
430‐6716
July 2 ‐ July 4, 2023 Renton's 4th of July Celebration is the largest one‐day event the City produces. The
full‐day event takes place on the beautiful shores of Lake Washington at Gene
Coulon Memorial Park and includes all day activities, live music, volleyball
tournament, and concludes with a beautiful fire work show that can be seen from
throughout Renton, Seattle and Mercer Island.
$35,000 $20,000
7 City of Renton
Holiday ligjhts at Coulon & Piazza
Park
Carrie Nass
cnass@rentonwa.gov 425‐
430‐6624
December 2, 2023 ‐
January 1, 2024
Renton’s Holiday Lights at Gene Coulon Memorial Beach Park and Piazza Park are
free month‐long regionally established seasonal destinations and that bring an
estimated 15,000 visitors to Renton each year. The unique, iconic, and stunning
immersion of saturated lights at Gene Coulon Memorial Park set against Lake
Washington, features 200,000‐plus individual lights. Historically, opening night and
the official lighting welcome dignitaries and recognition of funding partners,
entertainment, selfies with Santa and Mrs. Claus at Santa’s Sleigh, Rainier Yacht
Club’s Parade of Boats and Argosy Christmas Ship on the first Friday in December.
For 30+ consecutive days, park patrons of all ages and abilities are able to enjoy
more than a mile of the park's flat paved path and water walk, holiday lights and
nearby hotel and restaurant amenities.
$35,000 $7,500
8 City of Renton
Renton Community Marketing
Amanda Askren
aaskren@rentonwa.gov
425‐430‐7271
Ongoing The RCMC partners use a variety of communication channels and tactics to
continue promoting Renton as an ideal community to live, work and play. The
communication consultants at JayRay provide a strategic marketing plan and
facilitate activities focused on tourism and economic development. Activities such
as social media posts and community engagement, website content updates and
maintenance, media relations, digital marketing and strategic communications
planning reach the primary audiences of visitors and businesses. Programs are
refined through ongoing monitoring and reporting of results. Geolocation
marketing is this year’s primary effort to increase awareness and overnight stays
among Renton visitors and those most likely to consider Renton.
$100,000 $75,000
9 City of Renton
Renton River Days
Sonja Mejlaender
smejlaender@rentonwa.gov
425‐430‐6514
July 21‐23, 2023 Renton River Days (RRDs) will celebrate its 38th annual return in 2023. RRDs is
making plans to provide a scalable community event, centered at Cedar River Park,
Renton Community Center, Henry Moses Aquatics Center, Carco Theatre & Event
Center, Liberty Park, Don Persson Renton Senior Activity Center, and Renton
History Museum. City staff and volunteer teams are also exploring options for
downtown Renton, Piazza Park, and the Renton Pavilion Event Center and if/how
these space(s) may be available.
$35,000 $5,000
10 HighSchool.GG
Renton City Retro
Emilio Morales
emilio@highschool.gg
206‐579‐1526
May 12‐14, 2023 Renton City Retro is an organization dedicated to creating a network of people in
the Pacific Northwest area that are passionate about all facets of geek culture,
especially classic video games. We create awareness in our town to come visit not
just during our festivals but a landmark and destination when you travel to Seattle.
Renton is known to be a town with good food, beer, and video gaming. We started
having small conferences designed primarily to give collectors an opportunity to
swap games and stories. Since then, Renton City Retro has put on several shows,
and members have gone on to form both Renton City Comic Con and Evergreen
Tabletop Expo. We have grown and expanded to bring in organizations like Chrono
Academy, Code Ninjas, Microsoft Gaming, Academy of interactive and Seattle
Indies.
$50,000 $20,000
2023 LTAC Applicant Summary
AGENDA ITEM #5. d)
11 KingConNW
2023 KingCon
Brian Morris
admin@kingconnw.com
209‐914‐8054
Oct 13‐15, 2023 KingCon 2023 is planned to be a community and regional family oriented event that
will draw in 4,000 to 5,000 attendees over a 3 day event. Last year we had just
come out of a 2 year Covid pandemic and we had over 1,000 attendees in a smaller
venue. This next year we intend to expand our offerings to
encourage a more robust attendance count, to encourage overnight stays and to
engage a variety of hotel and activities over the weekend. To accomplish a larger
attendance we intend to increase the number of vendors and artists if given the
larger space at the venue. We also will be hosting a variety of special guests such as
actors and gaming celebrities, special scientists and nationally known artists and
cosplayers. To encourage overnight stays we intend to create daily programing that
will give attendees the benefit of staying overnight either at the venue or at local
hotels. And lastly we intend to create unique activities such as water front parties,
on the lake panels and activities that will engage the downtown business core both
before and during event.
$75,000 $5,000
12 Randall Morris Foundation
Randall Morris Celebrity Golf
Tournament
Randall Morris
rmorris43@comcast.net
(206) 356‐8639
Sept. 10 ‐ Sept. 11,
2023
The Randall Morris Foundation is getting ready for the 17th Annual Randall Morris
Celebrity Golf invitational at the Fairwood Golf and Country Club in Renton,
Washington. Many celebrities and guests will be coming in from out of town, with
the dinner/auction on Sunday night and the Golf Tournament on Monday. The
events begin on Sunday September 11th with our annual Auction/ Gala at the Hyatt
Regency Lake Washington in Renton.
$83,000 $10,000
13 Renton Chamber of Commerce
Visitor's Center operations
Diane Dobson
diane@gorenton.com
425‐226‐4560
Ongoing Operation costs to run the Visitor's Center in downtown Renton, plus additional
funds requested for a promotional 2022 Calendar of Major Renton Events and
Opportunities and support to allow the use of the Visitors Center for events,
functions, markets and activities
$150,000 $75,000
14 Renton Downtown Partnership
Downtown promotion package
Christian Switzer
Director@rentondowntown.com
971‐599‐1667
Ongoing The Renton Downtown Partnership has officially been designated as a Washington
Main Street community and is strategically planning to host events attracting new
visitors to downtown Renton. The proposal for 2022 is to expand the visitor‐
centered events and utilize new geolocation to promote downtown Renton as a
vibrant regional destination for day trips and overnight stays and provide valuable
insights on who is visiting, where they visit, and whether they stay overnight in a
concentrated effort to retarget those visitors to re‐experience what they think
Renton is about. The campaign will hit a broad audience outside of Renton and
target relevant audiences based on behavior and preferences.
$27,500 $0
15 Renton Downtown Partnership
Tourism Incentive Program
Christian Switzer
Director@rentondowntown.com
971‐599‐1667
Ongoing Renton Downtown Partnership is focused on bringing visitors and activating the
historic downtown. This
partnership with Bullseye Creative, a proven and effective firm, that will market the
downtown with direct incentives to spend at the small businesses that make our
community a unique and distinct destination.
$82,430 $75,000
16 Renton King County Alliance for
Justice
Juneteenth Festival
Linda Smith
linda‐smith1@comcast.net 425‐
221‐1504
June 15‐17, 2023 Juneteenth Festival a two day event that celebrate and uplift the black community.
Friday we will be a
Black Business Expo will have Black Business leaders giving motivational speeches
on how they have navigated their current industry as black professionals.
Empowering and encouraging the attendees to do the same. We will also have
workshops on Digital Marketing, PR , and utilizing social media in order to reach a
wider customer base. We would also like to include professional Head Shots during
event The day will conclude with sit down dinner celebration that will include a
short entrepreneurship award ceremony.
$70,000 $5,000
17 Renton King County Alliance for
Justice
Juneteenth Festival
Linda Smith
linda‐smith1@comcast.net
425‐221‐1504
February 3‐5, 2023 Renton Black History Month Festival will be a weekend long event celebrating the
Black History in our city and highlighting current black owned businesses and
community leaders. The weekend will begin with a Friday evening celebration of
black community leaders and activist in the form of a Disco/Funk Ball. Disco and
Funk play a significant role in black music history. On Saturday a
black art exhibit event will highlight black artist. Sunday will include a walking
historic tour of
Downtown Renton as relevant to black & indigenous events and historic figures.
$35,000 $5,000
18 Return to Renton
Return to Renton Benefit Car
Show
Johanna Montgomery
johanna29617@gmail.com
253‐350‐6380
July 8‐9, 2023 We have a car show that attracts 300 ‐ 400 cars and we donate the proceeds to
local youth organizations. This will be our 32nd year.
$5,000 $5,000
19 Seattle TISI Sangam
20223Sangam Festival
Bal Ram
bal929@hotmail.com
253‐632‐2440
September 2‐3,
2023
Cultural sporting and education event held every and attracting people from
Australia, New Zealand, Fiji, Canada and India.
$35,000 $20,000
20 United Better Thinking Together
We Are
Will Jimerson, Jr
wjimersonjr@unitedbetterthinking.org
425‐902‐7755
25‐Feb‐23 A community event featuring live performances from local youth talent to share the
enriching culture of song, dance, and and spoken word.
$22,800 $0
21 United Creatives
SECO Festival Series
Ben Andrews
bena@seattlefilmsummit.com
253‐861‐7755
ongoing SECO Development has partnered with United Creatives to implement a festival
series on the Southport properties. This 2023 calendar implementation will procure
8 Seafair events from Seattle, a Dragonboat festival, two music festivals, a Haunted
House, and many more under discussion. These events will bring an unparalleled
amount of visitors to Renton.
$200,000 $50,000
22 VFW Post 1263
Veterans Appreciation &
Remembrance
Traci Williams
seahawkssoldier@hotmail.com
206‐818‐7856
May 28‐29, 2023 A Veteran Appreciation dinner/meet and great with Veterans in the community as
well and
community members including a wreath laying ceremony for those lost at sea at
the
Cedar River, a Memorial Day program at Greenwood Cemetery in tge Renton
Highlands, and a ceremony at the Downtown Veterans Park ceremony.
$13,000 $0
23 Voice of Planet Vasudha Sharma
voiceofplanetus@gmail.com
310‐986‐4280
January ‐ June,
2023
Showcasing diverse art and culture under one platform. The festival will be based
on promoting underrepresented youth and ethnic minorities to bring a never
before opportunity to showcase and preserve various art forms. This festival will be
dedicated to serving as a platform that will attract participants and visitors from
across the states and countries to celebrate the themed festival. It will also serve as
an opportunity for education and social awareness behind the participating art
form.
$10,000 $0
Total $1,175,230 $444,000
AGENDA ITEM #5. d)
AB - 3248
City Council Regular Meeting - 28 Nov 2022
SUBJECT/TITLE: Park Avenue North Extension Project Agreements between the City of
Renton and BNSF
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Bob Hanson , Transportation Design Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
There are two cost components of the agreement with BNSF, the cost for construction of road improvements
across the railroad tracks, and the cost for use of the land associated with the crossing and construction of the
crossing. The three elements of fiscal impacts established in the Grade Crossing Construction and
Maintenance Agreement (C&M Agreement) with BNSF:
1. The City will pay to BNSF the cost of the installation of the new surface crossing estimated at $176,083.
2. The City will pay to BNSF the cost of the installation of the signal improvements es timated at $397,136.
3. The City will pay BNSF the annual maintenance cost estimated at $17,808/year.
The Easement Agreement includes the following: Permanent Easement, Temporary Construction License, and
Memorandum of Easement: The fiscal impacts are established in the C&M Agreement with BNSF:
1. The City will pay BNSF a fixed base price of $228,000 based on appraised land value for the permanent
easement.
2. The City will pay BNSF a fixed base price of $71,000 to use the area needed for construction f or 12 months.
3. A processing fee of $2,500.
The total compensation to BNSF is estimated at $892,527.00 plus an annual maintenance cost estimated to be
$17,808 per year. The $17,808 annual maintenance will be paid for from the project budget in the 2023/2 024
budget and added to the annual operating budget in 2025/2026
The Park Avenue North Extension Project (317.122190) has a 2022 approved budget of $3,381,464. There is
sufficient funding in the approved 2022 project budget for these agreements.
SUMMARY OF ACTION:
The purpose of the Park Avenue North Extension Project is to construct improvements to extend Park Avenue
North from the existing intersection with Logan Avenue North northward across both Boeing and BNSF
property to connect to the Southport site. The pro ject will provide a critical second access to the Southport
development site.
The Construction and Maintenance Agreement sets forth the improvements to be made or paid for by the City
to BNSF property and the conditions controlling the work. The agreement requires the payment by the City of
an annual fee for maintenance of the railroad crossing. Also included is a easement agreement that contains a
AGENDA ITEM #5. e)
permanent easement for use by the City and assigns, for access across the BNSF tracks and ROW and a
temporary construction license for constructing the improvements within BNSF right of way.
EXHIBITS:
A. Grade Crossing Construction and Maintenance Agreement
B. Easement Agreement for Park Avenue North Extension, Renton, WA
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the following agreements with BNSF related to construction of
the Park Avenue North Extension Project:
A. Grade Crossing Construction and Maintenance Agreement
B. Easement Agreement for Park Avenue North Extension, Renton, WA
AGENDA ITEM #5. e)
1 of 57
GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
BNSF File No.: BF10018353
Mile Post 3.70
Line Segment 0405
U.S. DOT Number 979302J
Seattle Spur Subdivision
This Agreement (“Agreement”), is executed to be effective as of __________________________
(“Effective Date”), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"),
and the City of Renton, a political subdivision of the State of Washington ("Agency”).
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Renton, State of
Washington;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a
project to extend the existing roadway known as Park Avenue and as a result construct a new at-grade
crossing, located at BNSF Line Segment 0405 and Milepost 3.70, and designated by D.O.T. No.
979302J, by constructing the new roadway, curb and gutter, sidewalks, storm drain, utilities, street
lighting, traffic signals, and installing railroad crossing signals and activation equipment within the
existing roadway easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto
and incorporated herein; and
WHEREAS, pursuant to BF10016799, BNSF is willing to proceed with the Crossing Project;
WHEREAS, the Agency desires to preempt the highway traffic control signals with the grade crossing
warning devices shown on Exhibit A; and
AGENDA ITEM #5. e)
2 of 57
WHEREAS, “BNSF” agrees to allow the Agency to preempt the highway traffic control signals with the
grade crossing warning devices indicated on Exhibit A.
WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the
installation of advance warning signs, pavement marking stop bars or crossing signal equipment
(hereinafter collectively called, “Crossing Signal Equipment”); and
WHEREAS, the Agency also desires BNSF to install a new crossing surface at Park Avenue with a new
concrete and rubber crossing surface;
WHEREAS, the Agency is paying for the acquisition and installation of crossing signal equipment and the
new crossing surface at Park Avenue
WHEREAS, the BNSF agrees to purchase and install, at AGENCY’S sole expense, the crossing signal
equipment and the new crossing surface described in the scope of work herein, and upon the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained
herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1) SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the construction
of the new Park Avenue extension which includes constructing the new roadway, curb and
gutter, sidewalks, storm drain, utilities, street lighting, power and signal conduits , and traffic
signals by Agency and installation of crossing signals/activation equipment/new crossing
surfaces at U.S. D.O.T No. 979302J, (hereinafter referred to as the "Crossing") by BNSF,
more particularly described on the Exhibit A, including, but not limited to, any and all changes to
telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent
track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary
and construction engineering and contract preparation.
AGENDA ITEM #5. e)
3 of 57
2) RAILROAD OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. Upon Agency’s payment to BNSF of an administrative fee in the sum of Two Thousand Five
Hundred and No/100 Dollars ($2,500), together with the Temporary Construction License Fee in the sum
of Seventy One Thousand and No/100 Dollars ($71,000.00), BNSF hereby grants to Agency, its
successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a
temporary non-exclusive license (hereinafter called, “Temporary Construction License”) to construct the
Crossing across or upon the portion of BNSF's right-of-way described further on Exhibit A-1, attached
hereto and incorporated herein, excepting and reserving BNSF’s rights, and the rights of any others who
have obtained, or may obtain, permission or authority from BNSF, to do the following:
(a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires,
pipelines and other facilities of like character upon, over or under the surface of said right-
of-way;
(b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without
limitation, such facilities as the BNSF may from time to time deem appropriate;
(c) Otherwise use or operate the right-of-way as BNSF may from time to time deem
appropriate.
The term of the Temporary Construction License begins on the Effective Date and ends on the
earlier of (i) substantial completion of the improvements, or (ii) twelve (18) months following the Effective
Date. The Temporary Construction License and related rights given by BNSF to Agency in this provision
are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be
implied from the use of any word or words herein contained. The Temporary Construction License is for
construction of the Crossing only and shall not be used by Agency for any other purpose. Agency
acknowledges and agrees that Agency shall not have the right, under the Temporary Construction License,
to use the Crossing for any other purpose than construction. In the event Agency is evicted by anyone
owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to Agency for any
AGENDA ITEM #5. e)
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damages, losses or any expenses of any nature whatsoever. The granting of similar rights to other s,
subsequent to the date of this Agreement, will not impair or interfere with the rights granted to Agency
herein.
Upon Agency’s payment to BNSF of the additional sum of Two Hundred Twenty Eight Thousand
and No/100 Dollars ($228,000.00), such payment to be made within thirty (30) days of issuing the Notice
to Proceed pursuant to Article III, Section 16 of this Agreement, and provided further that Agency is in
compliance with the term and conditions of this Agreement, BNSF will grant to Agency, its successors and
assigns, an easement (hereinafter called, the “Easement”) to enter upon and use that portion of BNSF’s
right-of-way as is necessary to use and maintain the Crossing, substantially in the form of Exhibit B
attached to this Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in the
preceding sentence, BNSF may stop construction of the Project until full payment is received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit
D attached hereto and made a part hereof. In the event construction on the Project has not commenced
within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the
cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of
this Agreement as though originally set forth herein. Any item of work incidental to the items listed on
Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written
approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must
include the following railroad work by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the railroad work;
(b) Preliminary engineering, design, and contract preparation;
(c) Furnishing of flagging services during construction of the Project as required and set forth
in further detail on Exhibit C, attached to this Agreement and made a part hereof;
(d) Furnishing engineering and inspection as required in connection with the construction of
the Project;
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(e) Installation of concrete crossing surface for the one track complete with new rail, ties,
ballast, fasteners, along with appropriate surfacing, to carry the improved roadway and
sidewalks;
(a) Installation of Crossing Signal Equipment and Crossing Signal Control House as shown on
Exhibit A;
(b) Provide an interface box, with contact terminals, mounted on side of Crossing Signal Control
House;
(c) Installation of track components necessary to support the railroad signal devices;
(d) Make such changes in the alignment, location and elevation of its telephone, telegraph,
signal and/or wire lines and appurtenances along, over or under the tracks, both temporary
and permanent, as may become necessary by reason of the construction of the Project.
3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when
BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with
its own employees working under applicable collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency’s
contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate
restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be
performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such
expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal
Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered
AGENDA ITEM #5. e)
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part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss
or death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for
completed force-account work within thirty (30) days of the date of the invoice for such work. Upon
completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor
and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article
IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final
invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or
other charges due under this Agreement which are past its credit terms. The finance charge continues to
accrue daily until the date payment is received by BNSF, not the date payment is made or the date
postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as
of the end of the month and will be reduced by amounts in dispute and any unposted payments received
by the month’s end. Finance charges will be noted on invoices sent to Agency under this section.
3) AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof,
Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. Said plans (reduced
size 11” x 17”), showing the plan and profile of the roadway work on BNSF right -of-way and
marked as Exhibit A, attached hereto and made a part hereof, must be submitted to BNSF for the
development of railroad cost estimates.
2. Agency must make any required application and obtain all required permits and approvals
for the construction of the Project.
3. Agency must acquire all rights of way necessary for the construction of the Project.
4. Agency must make any and all arrangements, in compliance with BNSF’s Utility
Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for the
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installation or relocation of wire lines, pipe lines and other facilities owned by private persons,
companies, corporations, political subdivisions or public utilities other than BNSF which may be
necessary for the construction of the Project.
5. Agency must construct the Project as shown on the attached Exhibit A and do all work
(“Agency’s Work”) provided for in the plans and specifications for the Project, except railroad work
that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and
equipment for the performance of Agency’s Work. The principal elements of Agency’s Work are
as follows:
(a) Design and construction of Park Avenue roadway extension which includes
constructing the new roadway, curb and gutter, storm drains, utilities, street lighting,
power and signal conduits , sidewalks, and traffic/pedestrian signals
(b) Installation of a pavement marking stop bar in accordance with the Manual on
Uniform Traffic Control Devices (hereinafter called, “MUTCD”);
(c) Installation of advance warning signs in accordance with the MUTCD
(d) Perform all necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF’s right-of-way;
(e) Provide suitable drainage, both temporary and permanent;
(f) Provide all barricades, lights, flagmen or traffic control devices necessary for
preventing vehicular traffic from using a portion of the Crossing, during the
installation of the concrete crossing surfaces, and also during the installation of the
Crossing Signal Equipment.
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(g) Construct asphalt/concrete roadway surface on approaches to each track. Roadway
surface will match elevation of the Main (and Siding) Track crossing surface(s) and
remain level to a point at least thirty (30) feet from nearest rail. Any concrete headers
will be constructed no closer than 5’-6” (preferably 6’-0”) from centerline of each
track to provide for a minimum of 11’-0” (preferably 12’-0”) opening for track and
railroad crossing surface;
(h) Provide and place six (6) to twelve (12) inch wide section of asphalt between
roadway concrete headers (and sidewalks) and the new concrete crossing surfaces.
(i) Job site cleanup including removal of all construction materials, concrete debris,
surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste
materials to the satisfaction of BNSF;
(j) Provide BNSF in writing with the total time required from start of preempt cycle of
highway traffic control signals until arrival of the train at the highway-rail crossing.
(k) Connect the highway traffic control signals to the contact terminals in the interface
box including all necessary cable and conduit.
(l) Install the new highway traffic control signals.
6. The Agency will approve the location of the signals and signal bungalow prior to the
installation by BNSF.
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7. The Agency must have advanced railroad crossing signs and standard pavement markings
in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the
acceptance of this Project by the Agency.
8. The Agency must give BNSF’s Manager Public Projects written notice to proceed (“Notice
to Proceed”) with the railroad portion of the work after receipt of necessary funds for the Project.
BNSF will not begin the railroad work (including, without limitation, procurement of supplies,
equipment or materials) until written Notice to Proceed is received from Agency.
9. The Agency’s Work must be performed by Agency or Agency's contractor in a manner
that will not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed by
subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with
the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit
C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply
with all of BNSF’s applicable safety rules and regulations; require any Agency employee
performing maintenance to complete the safety training program at the BNSF’s Internet Website
“www.BNSFContractor.com”; notify BNSF when, pursuant to the requirements of Exhibit C, a
flagger is required to be present; procure, and have approved by BNSF’s Risk Management
Department, Railroad Protective Liability insurance.
.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30)
calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit
C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager
of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near
BNSF tracks.
12. Agency must include the following provisions in any contract with its contractor(s)
performing work on said Project:
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(a) The Contractor is placed on notice that fiber optic, communication and other
cable lines and systems (collectively, the “Lines”) owned by various
telecommunications companies may be buried on BNSF’s property or right -of-
way. The locations of these Lines have been included on the plans ba sed on
information from the telecommunications companies. The contractor will be
responsible for contacting BNSF and the telecommunications companies and
notifying them of any work that may damage these Lines or facilities and/or
interfere with their service. The contractor must also mark all Lines shown on
the plans or marked in the field in order to verify their locations. The contractor
must also use all reasonable methods when working in the BNSF right -of-way
or on BNSF property to determine if any other Lines (fiber optic, cable,
communication or otherwise) may exist.
(b) Failure to mark or identify these Lines will be sufficient cause for BNSF’s
engineering representative James Halbert at James.Halbert@bnsf.com to stop
construction at no cost to the Agency or BNSF until these items are completed.
(c) The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate
fully with any telecommunications company(ies) in performing such
rearrangements.
(d) In addition to the liability terms contained elsewhere in this Agreement, the
contractor hereby indemnifies, defends and holds harmless BNSF for, from and
against all cost, liability, and expense whatsoever (including, without limitation,
attorney’s fees and court costs and expenses) arising out of or in any way
contributed to by any act or omission of Contractor, its subcontractors, agents
and/or employees that cause or in any way or degree contribute to (1) any
damage to or destruction of any Lines by Contractor, and/or its subcontractors,
agents and/or employees, on BNSF’s property or within BNSF’s right -of-way, (2)
any injury to or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or employees,
on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause
of action for alleged loss of profits or revenue by, or loss of service by a customer
or user of such telecommunication company(ies). THE LIABILITY ASSUMED
BY PROVIDER WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE
OF PROVIDER, ITS AGENTS OR EMPLOYEES, AND WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF,
ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE
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EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE
INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification
obligation shall include all claims brought by Provider’s employees
against BNSF, its agents, servants, employees or otherwise, and Provider
expressly waives its immunity under the industrial insurance act (RCW
Title 51) and assumes potential liability for all actions brought by its
employees.
13. Agency must require compliance with the obligations set forth in this agreement, including
Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project,
or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions
set forth in Exhibit C and Exhibit C-l, attached hereto and by reference made a part hereof.
14. Except as otherwise provided below in this Section 13, all construction work performed
hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency,
and all such contracts must include the following:
(a) All work performed under such contract or contracts within the limits of BNSF's right-
of-way must be performed in a good and workmanlike manner in accordance with
plans and specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF operations
must be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right-of-way until each of the prime
contractors employed in connection with said work must have (i) executed and
delivered to BNSF an agreement in the form of Exhibit C-l, and (ii) delivered to and
secured BNSF's approval of the required insurance; and
(d) If it is in Agency’s best interest, Agency may direct that the construction of the
Project be done by day labor under the direction and control of Agency, or if at any
time, in the opinion of Agency, the contractor has failed to prosecute with diligence
AGENDA ITEM #5. e)
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the work specified in and by the terms of said contract, Agency may terminate its
contract with the contractor and take control over the work and proceed to complete
the same by day labor or by employing another contractor(s) provided; however,
that any contractor(s) replacing the original contractor(s) must comply with the
obligations in favor of BNSF set forth above and, provided further, that if such
construction is performed by day labor, Agency will, at its expense, procure and
maintain on behalf of BNSF the insurance required by Exhibit C-1.
(e) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF’s
Roadmaster 30 days advance notice of the proposed times and dates for work
windows. BNSF and Agency’s contractor will establish mutually agreeable work
windows for the Project. BNSF has the right at any time to revise or change the
work windows, due to train operations or service obligations. BNSF will not be
responsible for any additional costs and expenses resulting from a change in work
windows. Additional costs and expenses resulting from a change in work windows
shall be accounted for in the contractor’s expenses for the Project.
15. Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the
completion date of the Project within thirty (30) days after such completion date. Additionally,
Agency must notify BNSF's Manager Public Projects, in writing, of the date on which Agency
and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project.
16. TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON,
AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES,
LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND OR
DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM
OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY,
ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY
AGENDA ITEM #5. e)
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OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS
OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (IV) AGENCY’S BREACH OF THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF
THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY’S OCCUPATION AND USE OF BNSF’S PROPERTY OR RIGHT-OF-WAY,
INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE TRAIL BY AGENCY,
OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES,
EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY
ASSUMED BY AGENCY WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF AGENCY,
ITS AGENTS OR EMPLOYEES, AND THIS WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,
THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY
THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification obligation shall include all
claims brought by Agency’s employees against BNSF, its agents, servants, employees or
otherwise, and Agency expressly waives its immunity under the industrial insurance act (RCW Title
51) and assumes potential liability for all actions brought by its employees.
4) JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1. All work contemplated in this Agreement must be performed in a good and workmanlike
manner and each portion must be promptly commenced by the party obligated hereunder to
perform the same and thereafter diligently prosecuted to conclusion in its logical order and
sequence. Furthermore, any changes or modifications during construction which affect BNSF will
be subject to BNSF's approval prior to the commencement of any such changes or modifications.
AGENDA ITEM #5. e)
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2. The work hereunder must be done in accordance with the Exhibit A and the detailed plans
and specifications approved by BNSF.
3. Agency must require its contractor(s) to reasonably adhere to the Project's construction
schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete
the railroad work in accordance with the construction schedule due to inclement weather or
unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will
not subject BNSF to any liability. Regardless of the requirements of t he construction schedule,
BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in
the event of an emergency to provide for the immediate restoration of railroad operations of either
BNSF or its related railroads, or to protect persons or property on or near any BNSF owned
property. BNSF will not be liable for any additional costs or expenses resulting from any such
reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by
BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from
any such reallocation will not constitute a breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the following
events take place: (i) Agency (or any of its contractors) performs the Project work in a manner
contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors),
in BNSF’s opinion, prosecutes the Project work in a manner that is hazardous to BNSF property,
facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in
the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Agency fails to pay
BNSF for the Temporary Construction License or the Easement pursuant to Article II, Section 1
of this Agreement. The work stoppage will continue until all necessary actions are taken by
Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division Engineer or
until proof of additional insurance has been delivered to and accepted by BNSF. In the event of
a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement,
BNSF may immediately terminate the Temporary Construction License or the Easement. Any
such work stoppage under this provision will not give rise to any liability on the part of BNSF.
BNSF’s right to stop the work is in addition to any other rights BNSF may have including, but not
limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop
construction work on the Project, BNSF agrees to immediately notify the following individual in
writing:
AGENDA ITEM #5. e)
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Robert Hanson
Transportation Design Manager
1055 S. Grady Way – 5th Floor
Renton, WA, 98057
206-507-4814
bhanson@rentonwa.gov
5. Agency must supervise and inspect the operations of all Agency contractors to ensure
compliance with the plans and specifications approved by BNSF, the terms of this Agreement and
all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are
not being performed by Agency personnel at any time during const ruction of the Project, BNSF
has the right to stop construction (within or adjacent to its operating right -of-way). Construction
of the Project will not proceed until Agency corrects the situation to BNSF’s reasonable
satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF
will immediately notify Robert Hanson for appropriate corrective action.
6. Pursuant to this section and Article II, Section 6 herein, Agency must, reimburse BNSF in
full for the actual costs of all work performed by BNSF under this Agreement (including taxes,
such as applicable sales and use taxes, business and occupation taxes, and similar taxes).
7. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein
will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal
Regulations, and the Federal-Aid Policy Guide, U.S. Department of Transportation, as amended
from time to time, which manual is hereby incorporated into and made a part of this Agreement
by reference. The parties mutually agree that BNSF's preliminary engineering, design, and
AGENDA ITEM #5. e)
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contract preparation costs described in Article II, Section 2 herein are part of the costs of the
Project even though such work may have preceded the date of this Agreement.
8. The construction of the Project will not commence until Agency gives BNSF's Manager
Public Projects thirty (30) days prior written notice of such commencement. The commencement
notice will reference BNSF's file number BF10018353 and D.O.T. Crossing No. 979302J and must
state the time that construction activities will begin.
9. In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and
the Agency agree to the following terms upon completion of construction of the Project:
(a) Agency will own and be fully responsible for repairs, maintenance, future
construction or reconstruction of the Park Avenue roadway.
(b) Agency will maintain the elevation of the Park Avenue roadway approaches to
match the elevation on the railroad track crossing surfaces and to be no more than
three (3) inches above or six (6) inches below top -of-rail elevation at a distance
measured thirty (30) feet from the nearest rail..
(c) Agency will maintain the advanced railroad crossing warning signs and pavement
markings and agrees to hold harmless and indemnify BNSF for any claims,
damages or losses, in whole or in part, caused by or due to the Agency’s failure to
maintain the advanced warning signs and markings or other requirements of the
MUTCD.
(d) Agency will do nothing and permit nothing to be done in the maintenance of the Park
Avenue roadway, which will interfere with or endanger facilities of BNSF.
AGENDA ITEM #5. e)
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(e) It is expressly understood by Agency and BNSF that any right to install utilities will
be governed by a separate permit or license agreement between the parties hereto.
(f) BNSF will operate and maintain the Crossing Signal Equipment, Crossing Signal House,
and the new crossing surface in proper condition. Agency shall pay to BNSF the Agency’s
share of the annual inspection and maintenance costs for specific components of the
Crossing Signal Equipment and Crossing Signal House within thirty (30) days of the date of
any invoice for such costs. The Crossing Signal Equipment and Crossing Signal House
contain 64 AAR units per Exhibit E. The annual maintenance cost per AAR unit is $Two
Hundred Seventy-Eight and 25/100 Dollars ($278.25) based on 2021 rates. The Agency
will reimburse BNSF for 50% of the annual maintenance costs, which, as of 2021 AAR unit
rates, is calculated to be $17,808.00. To provide for a current cost to maintain signals, the
2021 rate will be increased or decreased based on AAR Indexes of Railroad Material Prices
and Wage Rates, Railroad Class I, Material Price, Wage Rates and Supplements combined
for Western District, with rate to be revised in the future with adjustment computer based
on relationship of the previous year’s index to the index for the year 2021. In the event the
Agency fails to reimburse BNSF pursuant to this provision, finance charges will be assessed
on any unpaid amounts pursuant to Article II, Section 6 above.
(a) Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules
or other laws subsequently passed or amended by the Agency or any other
governmental or legislative authority increase the Agency’s portion of maintenance
cost under this Agreement, BNSF will receive the benefit of any such regulations,
ordinances, acts, rules or other laws and the Agency’s increased portion of
maintenance costs will be incorporated into and made a part of this Agreement.
(b) If a railway or highway improvement project necessitates rearrangement, relocation,
or alteration of the Crossing Signal Equipment, Crossing Signal House, or the new
crossing surface installed hereunder, the costs for such rearrangement, relocation
or alteration will be the responsibility of the party requesting such changes.
(c) If any of the Crossing Signal Equipment is partially or wholly destroyed, then such
repair and/or replacement costs must be distributed among the parties as follows:
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(d) In the event the BNSF’s sole negligence destroys or damages the Crossing Signal
Equipment and/or the Crossing Signal House, BNSF must, at its sole cost and
expense, replace or repair such Crossing Signal Equipment and/or Crossing Signal
House.
(e) In the event the Crossing Signal Equipment is damaged or destroyed by any other
cause, Agency must reimburse BNSF for the costs to replace or repair such
Crossing Signal Equipment and/or Crossing Signal House.
(f) If the Crossing Signal Equipment and/or Crossing Signal House installed hereunder
cannot, through age, be maintained, or by virtue of its obsolescence, requires
replacement, the cost of installation of the new crossing signal equipment and/or
new crossing signal house will be paid by the Agency.
(g) BNSF will operate and maintain, at its expense, the necessary relays and other
materials required to preempt the highway traffic control signals with the grade
crossing warning devices.
(h) BNSF will operate and maintain, at its expense, the railroad crossing warning
devices up to the contact terminals in the interface box.
(i) Agency will own, operate and maintain, at its expense, the highway traffic control
signals up to and including connection to the contact terminals in the interface box
including all necessary cable and conduit.
(j) Agency will, at its expense, procure temporary traffic control and temporary roadway
closures in advance of future crossing surface maintenance projects completed by
BNSF. BNSF and Agency shall coordinate in a timely manner to schedule the
temporary traffic control and temporary roadway closures to accommodate BNSF’s
periodic maintenance.
AGENDA ITEM #5. e)
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(k) BNSF and Agency agree to share cost of future crossing surface
maintenance/replacement. Cost share obligations for each party will be determined
via future funding agreement. BNSF and Agency will work in good faith to execute
a funding agreement in advance of crossing surface maintenance/replacement.
10. Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects
before entering BNSF's right-of-way for Inspection and Maintenance purposes and the BNSF
Manager of Public Projects will determine if flagging is required. If the con struction work
hereunder is contracted, Agency must require its prime contractor(s) to comply with the
obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time.
Agency will be responsible for its contractor(s) compliance with such obligations.
11. Any books, papers, records and accounts of the parties hereto relating to the work
hereunder or the costs or expenses for labor and material connected with the construction will at
all reasonable times be open to inspection and audit by the agents and authorized representatives
of the parties hereto, as well as the State of Washington and the Federal Highway Administration,
for a period of one (1) year from the date of the final BNSF invoice under this Agreement.
12. The covenants and provisions of this Agreement are binding upon and inure to the benefit
of the successors and assigns of the parties hereto. Notwithstanding the preceding sentence,
neither party hereto may assign any of its rights or obligations hereunder wi thout the prior written
consent of the other party.
13. In the event construction of the Project does not commence within 12 months of the
Effective Date, this Agreement will become null and void.
14. Neither termination nor expiration of this Agreement will release either party from any
liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any
acts, omissions or events happening prior to the date of termination or expiration.
AGENDA ITEM #5. e)
20 of 57
15. To the maximum extent possible, each provision of this Agreement will be interpreted in
such a manner as to be effective and valid under applicable law. If any provision of this Agreement
is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective so lely
to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable.
16. This Agreement (including exhibits and other documents, manuals, etc. incorporated
herein) is the full and complete agreement between BNSF and Agency with respect to the subject
matter herein and supersedes any and all other prior agreements between the parties hereto.
17. Any notice provided for herein or concerning this Agreement must be in writing and will be
deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at
the following addresses:
BNSF: BNSF's Manager Public Projects
605 Puyallup Ave
Tacoma, WA 98421
Agency: Robert Hanson
Transportation Design Manager
1055 S. Grady Way – 5th Floor
Renton, WA, 98057
206-507-4814
bhanson@rentonwa.gov
AGENDA ITEM #5. e)
21 of 57
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
City of Renton
By: Date: ______________________
Printed Name: Armondo Pavone
Title:Mayor
AGENDA ITEM #5. e)
22 of 57
Attest:
_____________________________________Date:____________________
Title: City Clerk
Approved as to Form:
________________________________
Shane Moloney, City Attorney
Clb 10/24/22 (967 folder 4)
AGENDA ITEM #5. e)
23 of 57
Exhibit A
AGENDA ITEM #5. e)
SHEET INDEXPARK AVENUE N EXTENSIONRENTON PROJECT NO. CAG-22-265CONTACTS:VICINITY MAPCOUNCIL MEMBERS:ARMANDO PAVONEMAYOR:CITY OFFICIALS:CARMEN RIVERARANDY CORMAN, PRESIDENTVALERIE O'HALLORANRYAN McIRVINRUTH PÉREZED PRINCEKIM-KHÁNH VĂNPARK AVE N EXTENSIONPROJECT SITEAPPROVED FOR BIDNUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 GN.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256CV11B. POWELLCOVER, INDEX AND VICINITY MAPLOGAN AVE N VAULTSPROJECT SITE11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 GN.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256G12B. POWELLLEGEND AND ABBREVIATIONS11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 AL.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256AL13B. POWELLALIGNMENT AND CONTROL PLAN11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 SP.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256SP14B. POWELLSITE PREPARATION PLAN11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 RS.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256RS15B. POWELLTYPICAL ROADWAY SECTIONS11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 RS.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256RS26B. POWELLTYPICAL ROADWAY SECTIONS11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 PR.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256RP17B. POWELLROADWAY PROFILE11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 PV.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256PV18B. POWELLPAVING AND GRADING PLAN11/11/2022AGENDA ITEM #5. e)
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NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 1-2.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256∆° ∆° ∆° ∆° ∆° ∆ ∆° ∆° ∆° ∆° MD110B. POWELLMISCELLANEOUS DETAILS∆∆° 11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 1-2.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256MD211B. POWELLMISCELLANEOUS DETAILS11/11/2022AGENDA ITEM #5. e)
17-170 PARK AVE N EXTENSION Existing Conditions SurveyTHIS SURVEY IS IN THE CITY OF RENTON COORDINATE SYSTEMXXXXXXXXXNUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 3-4.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256MD312B. POWELLMISCELLANEOUS DETAILS11/11/2022AGENDA ITEM #5. e)
THIS SURVEY IS IN THE CITY OF RENTON COORDINATE SYSTEMNUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 3-4.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256MD413B. POWELLMISCELLANEOUS DETAILS11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 5-6.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256MD514B. POWELLMISCELLANEOUS DETAILS11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 5-6.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256MD615B. POWELLMISCELLANEOUS DETAILS11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 MD 7.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256MD716B. POWELLMISCELLANEOUS DETAILS11/11/2022AGENDA ITEM #5. e)
THIS SURVEY IS IN THE CITY OF RENTON COORDINATE SYSTEMPPPPPPP PPPPPPPPPPPPPPPWWWWWWWWWWWWWWWWWWWXXXXXXXXXXXXXXXXXX X X XXXXXXXXXXXXXXXXOHPOHPOHPOHPSDSDSDSDSDSDSDSDSDSDSDSDSD SDNO PARKINGDUCTBANKSSCOPPPSSSSSSSSSSSSSSSSSSSSSSSSSSSSXXNUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 WL.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256WL117B. POWELLWALL PLAN, PROFILE AND DETAILS11/11/2022AGENDA ITEM #5. e)
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NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 WT.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256WA121T. CHEONGWATER PLAN11-09-2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 WT.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256WA222T. CHEONGWATER PROFILE11-09-2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 CH.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256CH123B. POWELLCHANNELIZATION AND SIGNING PLAN11/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 CH.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256ONLYONLYCH224B. POWELLCHANNELIZATION AND SIGNING DETAILS11/11/2022AGENDA ITEM #5. e)
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POLE FOUNDATIONSNUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:Structural Drawing.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEP. SRENGS. CHUDGARS. CHUDGARCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A10/202256P. SRENGCHUDGARAGENDA ITEM #5. e)
CURB REINFORCEMENT DETAILSNUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:Structural Drawing.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEP. SRENGS. CHUDGARS. CHUDGARCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A10/202256P. SRENGCHUDGARAGENDA ITEM #5. e)
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NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 SG.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/202256ONLYLoganAve NSouthportNDrParkAve N757thAveLEFT TURNYIELDON GREENSG231B. POWELLTRAFFIC SIGNAL DETAILS11/11/2022AGENDA ITEM #5. e)
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NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 SG.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/20225646POLE 11D9POLE 10POLE 14C2C1VDC H4142VDC EEVP DPOLE 123534EVP EVDC F47POLE 4POLE 16POLE 1566POLE 176465POLE 6313233EVP FVDC GD8POLE 5SG534B. POWELLTRAFFIC SIGNAL WIRING DIAGRAM43POLE 1311/11/2022AGENDA ITEM #5. e)
NUMBERBYAPP.REVISION DESCRIPTIONDRAWN BY:DESIGN BY:CHECK BY:PROJ MGR: FILE:20160266 SG.dwgCITY OF RENTONBY:DATE:APPROVED FOR CONSTRUCTIONDATEDRAWING NO.PROJECT NO.FED AID NO.DATE: SHEET NO.OFSURVEYED:1 ALLIANCEN. EATONP. DE BOLDTP. DE BOLDTCITY OF RENTONPARK AVENUE N EXTENSIONCAG-22-265N/A8/2022566112EVP AVDC A1162EVP BA2A182VDC D81EVP C67684948B22829222151B1B3VDC C63VDC BPTZPOLE 7POLE 3POLE 9POLE 2POLE 8POLE 1PTZEVP GPSPOLE 20POLE 19POLE 18POLE 22POLE 21SG635B. POWELLTRAFFIC SIGNAL WIRING DIAGRAM6911/11/2022AGENDA ITEM #5. e)
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EXHIBIT "A-1
Legal"
A PORTION OF ASSESSORS PARCEL NO. 0823059027 IN THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERNMOST POINT OF LOT 6 OF THE BINDING SITE PLAN FOR BOEING
LAKESHORE LANDING, SAID POINT BEING ON THE NORTH RIGHT OF WAY MARGIN OF LOGAN
AVENUE NORTH; ACCORDING TO THE PLAT THEREOF RECORDED IN AUDITOR’S FILE NO.
20041223000856, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
THENCE NORTH 46°12’25” WEST, ALONG THE NORTHEAST LINE OF SAID LOT, A DISTANCE OF 83.75
FEET TO AN ANGLE POINT IN THE BOUNDARY OF ASSESSORS PARCEL NO. 0823059027;
THENCE CONTINUING NORTH 46°12’25” WEST, ALONG SAID NORTHEAST LINE AND SAID
BOUNDARY LINE OF PARCEL NO. 0823059027, A DIST ANCE OF 25.34 FEET TO AN ANGLE POINT;
THENCE SOUTH 46°36’56” WEST, ALONG THE SOUTHEAST LINE OF SAID PARCEL, A DISTANCE OF
13.25 FEET;
THENCE SOUTH 47°42’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.87 FEET;
THENCE SOUTH 48°37’57” WEST, ALONG SAID LINE, A D ISTANCE OF 37.00 FEET;
THENCE SOUTH 49°22’46” WEST, ALONG SAID LINE, A DISTANCE OF 37.33 FEET;
THENCE SOUTH 49°57’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.25 FEET;
THENCE SOUTH 50°22’49” WEST, ALONG SAID LINE, A DISTANCE OF 37.18 FEET;
THENCE SOUTH 50°37’51” WEST, ALONG SAID LINE, A DISTANCE OF 37.10 FEET;
THENCE SOUTH 50°42’51” WEST, ALONG SAID LINE, A DISTANCE OF 264.73 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 26°08’22” WEST, A DISTANCE OF 76.71 FEET TO A POINT ON THE NORTHWEST LINE
OF SAID PARCEL;
THENCE SOUTH 50°43’13” WEST, ALONG SAID NORTHWEST LINE, A DISTANCE OF 89.34 FEET;
THENCE SOUTH 26°08’22” EAST, A DISTANCE OF 76.71 FEET TO A POINT ON THE SOUTHEAST LINE
OF SAID PARCEL;
THENCE NORTH 50°42’51” EAST, ALONG SAID SOUTHEAST LINE, A DISTANCE OF 89.34 FEET TO
THE POINT OF BEGINNING.
HAVING AN AREA OF 6,674 SQUARE FEET, MORE OR LESS.
AGENDA ITEM #5. e)
EXHIBIT “B”
MEMORANDUM OF EASEMENT
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
1
EASEMENT AGREEMENT
FOR PARK AVENEUE NORTH EXTENSION, RENTON, WA
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR ROADWAY PURPOSES ("Easement Agreement") is made
and entered into as of the _______ day of _____________________ 2022 ("Effective Date"), by and between
BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and THE CITY OF RENTON, a political
subdivision of the State of Washington ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of Renton, County
of King, State of Washington at Mile Post 3.73, on Line Segment 405, as described or depicted on Exhibit "A"
and described on Exhibit A-1 attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
dated as of ______________________________________ concerning improvements on or near the Premises
(the “C&M Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set
forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which
terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever
reason, no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein,
the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to
herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict
accordance with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non -exclusive easement ("Easement") over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders,
including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make
any alterations or improvements or perform any maintenance or repair activities within the Premises except in
accordance with the terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor
and any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines")
upon, over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any tracks or additional facilities or structures upon, over, under o r across the
Premises; and
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
2
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of
this Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises . Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any
personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises.
Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to
entering into this Easement Agreement, other than as se t forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL
OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO
ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, S AFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CON FORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT
IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO
ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its
physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee
acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's
Contractors (as hereinafter defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR
USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by
anyone owning or claiming title to or any inter est in the Premises, or by the abandonment by Grantor of the
affected rail corridor, Grantor shall not be liable to refund Grant ee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
provide adequate drainage of and from the adjoining lands a nd premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisi te to preserve
such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing
drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate
sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and
workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or
other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities
(collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any
adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their
service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must
mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor
property to determine if any Other Improvements (fiber optic, cable, communi cation or otherwise) may exist. The
Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and
remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
3
work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and
local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi -
governmental body or any Taxes levied or assessed against Grantor or the Pr emises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
prescribed by statute, and to pay any and all required tra nsfer taxes, excise taxes and any and all fees
incidental to recordation of the Memorandum of Easement. In the event of Grantee 's failure to do so, if Grantor
shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments t o or against
Grantor, including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
local environmental Laws in its use of the Premises, inc luding, but not limited to, the Resource Conservation
and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollutio n Act, the Hazardous Materials
Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CER CLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not
maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms
are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances"
may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation
of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to
promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate noti ce of
all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such
release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Gran tee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or vio lation affecting the Premises. If during
the construction or subsequent maintenance of the Improvements, soils or other materials considered to be
environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils.
Determination of soils contamination and applicable disposal procedures thereof, will be made only by an
agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
environment and shall take whatever action is necessary to prevent injury to persons or property arising out of
such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of
any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to
Grantor's request for information regarding said condi tions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory
to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above -
stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor
may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon
Grantee. Upon termination, Grantee shall remove the Imp rovements and restore the Premises as provided in
Section 9.
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
4
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
performance of the unperformed obligations, or (ii) at Grantee's so le cost, may arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything presen t on the rail
corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all
costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to
perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this
Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five
(5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the
Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to
terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any
way affect Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from
any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termi nation or expiration, or, if later, the date the Premises
are restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and
not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,
whether by abandonment of the Easement or by the exercise of Grantor's te rmination rights hereunder, Grantee
shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected with Grantee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct
Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee
shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed
by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement
Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement,
whether of indemnity or otherwise, resulting from any acts, o missions or events happening prior to the date of
termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to
the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon
any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect unt il
the Premises are surrendered.
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
5
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising o ut of any
construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or
attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized
to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by
Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure
of Grantor to take any such action shall not relieve Gran tee of any obligation or liability under this Section 10 or
any other section of this Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement
Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an
exchange under Section 1031 of the Internal Revenue Code. In such event , Grantor shall provide Grantee with
a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgeme nt of receipt of
such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the o ther shall
be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be
delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft.
Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to
Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the fo rm attached
hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate
records in the county where the Premises are located. If a Memorandum of Easement is not executed by the
parties and recorded as described above within 30 days of the Effective Date, Grantor shall have the right to
terminate this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substa ntive Laws of the State of [Texas] without regard to conflicts
of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and a greements of such parties. This
instrument and all of the terms, covenants and provisions hereo f shall inure to the benefit of and be binding
upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
present or future Laws, such provision will be fully sev erable and this Easement Agreement will be construed
and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining
provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or une nforceable provision
herein, there will be added automatically as a part of this Easement Agree ment a provision as similar in its terms
to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee
with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other
agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However,
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
6
nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and
hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
ADMINISTRATIVE FEE
15. Grantee acknowledges that a material consideration for this agreement, without which it would
not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this
Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,500.00 over and above
the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate
check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
THE CITY OF RENTON, a political subdivision of the State of
Washington
By:
Name:
Title:
AGENDA ITEM #5. e)
EXHIBIT "A"
Premises
AGENDA ITEM #5. e)
EXHIBIT "A-1
Legal"
A PORTION OF ASSESSORS PARCEL NO. 0823059027 IN THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERNMOST POINT OF LOT 6 OF THE BINDING SITE PLAN FOR BOEING
LAKESHORE LANDING, SAID POINT BEING ON THE NORTH RIGHT OF WAY MARGIN OF LOGAN
AVENUE NORTH; ACCORDING TO THE PLAT THEREOF RECORDED IN AUDITOR’S FILE NO.
20041223000856, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
THENCE NORTH 46°12’25” WEST, ALONG THE NORT HEAST LINE OF SAID LOT, A DISTANCE OF 83.75
FEET TO AN ANGLE POINT IN THE BOUNDARY OF ASSESSORS PARCEL NO. 0823059027;
THENCE CONTINUING NORTH 46°12’25” WEST, ALONG SAID NORTHEAST LINE AND SAID
BOUNDARY LINE OF PARCEL NO. 0823059027, A DISTANCE OF 25.34 FEET TO AN ANGLE POINT;
THENCE SOUTH 46°36’56” WEST, ALONG THE SOUTHEAST LINE OF SAID PARCEL, A DISTANCE OF
13.25 FEET;
THENCE SOUTH 47°42’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.87 FEET;
THENCE SOUTH 48°37’57” WEST, ALONG SAID LINE, A DISTANCE OF 37.0 0 FEET;
THENCE SOUTH 49°22’46” WEST, ALONG SAID LINE, A DISTANCE OF 37.33 FEET;
THENCE SOUTH 49°57’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.25 FEET;
THENCE SOUTH 50°22’49” WEST, ALONG SAID LINE, A DISTANCE OF 37.18 FEET;
THENCE SOUTH 50°37’51” WEST, ALONG SAID LINE, A DISTANCE OF 37.10 FEET;
THENCE SOUTH 50°42’51” WEST, ALONG SAID LINE, A DISTANCE OF 264.73 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 26°08’22” WEST, A DISTANCE OF 76.71 FEET TO A POINT ON THE NORTHWEST LINE
OF SAID PARCEL;
THENCE SOUTH 50°43’13” WEST, ALONG SAID NORTHWEST LINE, A DISTANCE OF 89.34 FEET;
THENCE SOUTH 26°08’22” EAST, A DISTANCE OF 76.71 FEET TO A POINT ON THE SOUTHEAST LINE
OF SAID PARCEL;
THENCE NORTH 50°42’51” EAST, ALONG SAID SOUTHEAST LINE, A DISTANCE OF 89.34 FEET TO
THE POINT OF BEGINNING.
HAVING AN AREA OF 6,674 SQUARE FEET, MORE OR LESS.
AGENDA ITEM #5. e)
Page 1 of 5
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day
of_________________, 2022, by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive,
Fort Worth, Texas 76131, and THE CITY OF RENTON, a political subdivision of the State of
Washington ("Grantee"), whose address for purposes of this instrument is 1055 Grady Way,
Renton, Washington 98057, which terms "Grantor" and "Grantee" shall include, wherever the
context permits or requires, singular or plural, and the heirs , legal representatives, successors and
assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in King County,
Washington as described on Exhibit "A" and described on Exhibit A-1 attached hereto and
incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
_____________________________, 2022 (the "Easement Agreement") which set forth, among
other things, the terms of an easement granted by Grantor to Grant ee over and across the
Premises (the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledg ed,
Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement
over and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement are
incorporated herein by this reference for all purposes as though written out at length herein, and
both the Easement Agreement and this Memorandum of Easement shall be deemed to constitu te a
single instrument or document. This Memorandum of Easement is not intended to amend, modify,
supplement, or supersede any of the provisions of the Easement Agreement and, to the extent
there may be any conflict or inconsistency between the Easement Agreement or this Memorandum
of Easement, the Easement Agreement shall control.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of
Easement to as of the date and year first above written.
AGENDA ITEM #5. e)
Page 2 of 5
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ______ day of _________________, 2022,
by ______________________________ (name) as
___________________________________(title) of BNSF RAILWAY COMPANY, a Delaware
corporation.
Notary Public
My appointment expires:
(Seal)
AGENDA ITEM #5. e)
Page 3 of 5
GRANTEE:
THE CITY OF RENTON, a political subdivision of
the State of Washington
By:
Name:
Title:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ______ day of _______________________,
201_, by ___________________________________ (name) as
______________________________(title) of ___________________________________, a
________________________________________.
Notary Public
My appointment expires:
(Seal)
AGENDA ITEM #5. e)
Page 4 of 5
EXHIBIT "A”
AGENDA ITEM #5. e)
Page 5 of 5
EXHIBIT "A-1”
Legal"
A PORTION OF ASSESSORS PARCEL NO. 0823059027 IN THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERNMOST POINT OF LOT 6 OF THE BINDING SITE PLAN FOR
BOEING LAKESHORE LANDING, SAID POINT BEING ON THE NORTH RIGHT OF WAY MARGIN
OF LOGAN AVENUE NORTH; ACCORDING TO THE PLAT THEREOF RECORDED IN AUDITOR’S
FILE NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
THENCE NORTH 46°12’25” WEST, ALONG THE NORTHEAST LINE OF SAID LOT, A DISTANCE
OF 83.75 FEET TO AN ANGLE POINT IN THE BOUNDARY OF ASSESSORS PARCEL NO.
0823059027;
THENCE CONTINUING NORTH 46°12’25” WEST, ALONG SAID NORTHEAST LINE AND SAID
BOUNDARY LINE OF PARCEL NO. 082305 9027, A DISTANCE OF 25.34 FEET TO AN ANGLE
POINT;
THENCE SOUTH 46°36’56” WEST, ALONG THE SOUTHEAST LINE OF SAID PARCEL, A
DISTANCE OF 13.25 FEET;
THENCE SOUTH 47°42’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.87 FEET;
THENCE SOUTH 48°37’57” WEST, ALONG SAID LINE, A DISTANCE OF 37.00 FEET;
THENCE SOUTH 49°22’46” WEST, ALONG SAID LINE, A DISTANCE OF 37.33 FEET;
THENCE SOUTH 49°57’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.25 FEET;
THENCE SOUTH 50°22’49” WEST, ALONG SAID LINE, A DISTANCE OF 37.18 FEET;
THENCE SOUTH 50°37’51” WEST, ALONG SAID LINE, A DISTANCE OF 37.10 FEET;
THENCE SOUTH 50°42’51” WEST, ALONG SAID LINE, A DISTANCE OF 264.73 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 26°08’22” WEST, A DISTANCE OF 76.71 FEET TO A POINT ON THE
NORTHWEST LINE OF SAID PARCEL;
THENCE SOUTH 50°43’13” WEST, ALONG SAID NORTHWEST LINE, A DISTANCE OF 89.34 FEET;
THENCE SOUTH 26°08’22” EAST, A DISTANCE OF 76.71 FEET TO A POINT ON THE SOUTHEAST
LINE OF SAID PARCEL;
THENCE NORTH 50°42’51” EAST, ALONG SAID SOUTHEAST LINE, A DISTANCE OF 89.34 FEET
TO THE POINT OF BEGINNING.
HAVING AN AREA OF 6,674 SQUARE FEET, MORE OR LESS.
AGENDA ITEM #5. e)
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General:
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter
referred to as "Railway" where work is over or under on or adjacent to Railway property and/or
right-of-way, hereafter referred to as "Railway Property", during the construction of
_____________________________________________________________________________
_____________________________________________________________________.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the
Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide and
maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-1”.
Questions regarding procurement of the Railroad Protective Liability Insurance should be directed
to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to
interfere with the movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of
Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway,
Contractor's activities create a hazard to Railway's Property, employees, and/or operations.
Railway will have the right to stop construction work on the Project if any of the following events
take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner
contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its
subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous
to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the
insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or
(iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The
work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor
to rectify the situation to the satisfaction of Railway’s Division Engineer or until additional insurance
has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii)
the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the
Temporary Construction License or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition
to any other rights Railway may have including, but not limited to, actions or suits for damages or
lost profits. In the event that Railway desires to stop construction work on the Project, Railway
agrees to immediately notify the following individual in writing:
_______________________
_______________________
_______________________
_______________________
AGENDA ITEM #5. e)
35 of 57
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State
and Local Governmental laws and regulations, including, but not limited to environmental laws and
regulations (including but not limited to the Resource Conservation and Recovery Act, as amended;
the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA),
and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds
harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State
and Local Governmental Agencies against the Railway which arise out of Contractor's work under
this Agreement.
• 1.01.06 The Contractor must notify Agency at and Railway's Manager Public
Projects, telephone number ( ) at least thirty (30) calendar days before commencing any
work on Railway Property. Contractor’s notification to Railway must refer to Railway's file
___________.
• 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations
located with any part of the excavations located within, whichever is greater, twenty-five (25) feet
of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1
vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured
perpendicular to center line of track, the Contractor must furnish the Railway five sets of working
drawings showing details of construction affecting Railway Property and tracks. The working
drawing must include the proposed method of installation and removal of falsework, shoring or
cribbing, not included in the contract plans and two sets of structural calculations of any falsework,
shoring or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR
Guidelines for Temporary Shoring” must be used for determining the design loading conditions to
be used in shoring design, and all calculations and submittals must be in accordance with the
current “BNSF-UPRR Guidelines for Temporary Shoring”. All submittal drawings and calculations
must be stamped by a registered professional engineer licensed to practice in the state the project
is located. All calculations must take into consideration railway surcharge loading and must be
designed to meet American Railway Engineering and Maintenance-of-Way Association (previously
known as American Railway Engineering Association) Coopers E-80 live loading standard. All
drawings and calculations must be stamped by a registered professional engineer licensed to
practice in the state the project is located. The Contractor must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices such
as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case
will the Contractor be relieved of responsibility for results obtained by the implementation of said
approved plans.
• 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the
Contractor such that the work may be handled and performed in an efficient manner. The
Contractor will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
AGENDA ITEM #5. e)
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• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter
Railway Property without first having completed Railway’s Engineering Contractor
Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor
must ensure that each of its employees, subcontractors, agents or invitees completes
Railway’s Engineering Contractor Safety Orientation through internet sessions before
any work is performed on the Project. Additionally, the Contractor must ensure that
each and every one of its employees, subcontractors, agents or invitees possesses a
card certifying completion of the Railway Contractor Safety Orientation before entering
Railway Property. The Contractor is responsible for the cost of the Railway Contractor
Safety Orientation. The Contractor must renew the Railway Contractor Safety
Orientation annually. Further clarification can be found on the web site or from the
Railway’s Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protective measures as are necessary to keep railway
facilities, including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or replacement must
be paid for by the Agency.
• 1.03.02 The Contractor must notify the Railway's Division Engineer
________________________ at (_____)_________________ and provide blasting plans to the
Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to
or on Railway's Property.
• 1.03.03 The Contractor must abide by the following temporary clearances during
construction:
▪ 15’-0” Horizontally from centerline of nearest track
▪ 21’-6” Vertically above top of rail
▪ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
▪ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
▪ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
▪ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Upon completion of construction, the following clearances shall be maintained:
▪ 25’ Horizontally from centerline of nearest track
▪ 23’ 6” Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the Agency and must not be undertaken until
approved in writing by the Railway, and until the Agency has obtained any necessary authorization
from the State Regulatory Authority for the infringement. No extra compensation will be allowed in
the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory
Authority's approval.
AGENDA ITEM #5. e)
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• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the
option of installing tell-tales or other protective devices Railway deems necessary for protection of
Railway operations. The cost of tell-tales or protective devices will be borne by the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not included
in the contract plans must be submitted to the Railway by Agency for approval before work is
undertaken and this work must not be undertaken until approved by the Railway.
• 1.03.08 At other than public road crossings, the Contractor must not move any equipment
or materials across Railway's tracks until permission has been obtained from the Railway. The
Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to
moving his equipment or materials across the Railways tracks. The temporary crossing must be
gated and locked at all times when not required for use by the Contractor. The temporary crossing
for use of the Contractor will be constructed and, at the completion of the project, removed at the
expense of the Contractor.
• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances,
oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and
Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452,
of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow
Railway Property to become a treatment, storage or transfer facility as those terms are defined in
the Resource Conservation and Recovery Act or any state analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly
remove from the Railway's Property all of Contractor's tools, equipment, implements and other
materials, whether brought upon said property by said Contractor or any Subcontractor, employee
or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a
condition acceptable to the Railway's representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan:
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must
develop and implement a Roadway Worker Protection/On Track Safety Program and work with
Railway Project Representative to develop an on track safety strategy as described in the
guidelines listed in the on track safety portion of the Safety Orientation. This Program must
provide Roadway Worker protection/on track training for all employees of the Contractor, its
subcontractors, agents or invitees. This training is reinforced at the job site through job safety
briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as
provided for on the web site www.BNSFContractor.com, which will be made available to
Railway prior to commencement of any work on Railway Property. During the performance of
work, the Contractor must audit its work activities. The Contractor must designate an on-site
Project Supervisor who will serve as the contact person for the Railway and who will maintain
a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the
job site.
AGENDA ITEM #5. e)
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• 1.04.02 Contractor shall have a background investigation performed on all of its employees,
subcontractors and agents who will be performing any services for Railroad under this Agreement
which are determined by Railroad in its sole discretion a) to be on Railroad’s property, or b) that require
access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees,
Hazardous Materials on Railroad’s property or is being transported by or otherwise in the custody of
Railroad, or Freight in Transit involving Railroad.
The required background screening shall at a minimum meet the rail industry background screening
criteria defined by the e-RAILSAFE Program as outlined at www.eVerifile.com, in addition to any
other applicable regulatory requirements.
Contractor shall obtain written consent from all its employees, subcontractors or agents screened
in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to
release completed background information to Railroad’s designee. Contractor shall be subject to
periodic audit to ensure compliance.
Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees,
subcontractors or agents to perform services hereunder who are not first approved under e-
RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or
access as described in this section above to any of Contractor's employees, subcontractors or
agents who do not display the authorized identification badge issued by a background screening
service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion,
which may not be unreasonable, may pose a threat to the safety or security of Railroad's
operations, assets or personnel.
Contractors shall be responsible for ensuring that its employees, subcontractors and agents are
United States citizens or legally working in the United States under a lawful and appropriate work
VISA or other work authorization.
1.05 Railway Flagger Services:
• 1.05.01 The Contractor must give Railway’s Roadmaster (telephone ________) a
minimum of thirty (30) calendar days advance notice when flagging services will be required so that
the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s position). If
flagging services are scheduled in advance by the Contractor and it is subsequently determined by
the parties hereto that such services are no longer necessary, the Contractor must give the
Roadmaster five (5) working days advance notice so that appropriate arrangements can be made
to abolish the position pursuant to union requirements.
• 1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger
will be required and furnished when Contractor’s work activities are located over, under and/or
within twenty-five (25) feet measured horizontally from centerline of the nearest track and when
cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the
AGENDA ITEM #5. e)
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track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following
conditions:
• 1.05.02a When, upon inspection by Railway’s Representative, other conditions
warrant.
• 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in
the opinion of Railway's representative, track or other Railway facilities may be subject
to movement or settlement.
• 1.05.02c When work in any way interferes with the safe operation of trains at timetable
speeds.
• 1.05.02d When any hazard is presented to Railway track, communications, signal,
electrical, or other facilities either due to persons, material, equipment or blasting in the
vicinity.
• 1.05.02e Special permission must be obtained from the Railway before moving heavy
or cumbersome objects or equipment which might result in making the track impassable.
• 1.05.03 Flagging services will be performed by qualified Railway flaggers.
• 1.05.03a Flagging crew generally consists of one employee. However, additional
personnel may be required to protect Railway Property and operations, if deemed
necessary by the Railways Representative.
• 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight
(8) hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be borne by
Agency. The estimated cost for one (1) flagger is approximately between $800.00-
$1,600.00 for an eight (8) hour basic day with time and one-half or double time for
overtime, rest days and holidays. The estimated cost for each flagger includes vacation
allowance, paid holidays, Railway and unemployment insurance, public liability and
property damage insurance, health and welfare benefits, vehicle, transportation, meals,
lodging, radio, equipment, supervision and other costs incidental to performing flagging
services. Negotiations for Railway labor or collective bargaining agreements and rate
changes authorized by appropriate Federal authorities may increase actual or estimated
flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE
BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE
ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
• 1.05.03d The average train traffic on this route is ______ freight trains per 24-hour
period at a timetable speed ______ MPH and ______ passenger trains at a timetable
speed of ______ MPH.
AGENDA ITEM #5. e)
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1.06 Contractor General Safety Requirements
• 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement
of trains and equipment can occur at any time and in any direction. All work performed by
contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection
Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must
be conducted with all personnel involved with the task and repeated when the personnel or task
changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger,
as applicable, and include the procedures the Contractor will use to protect its employees,
subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway
track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track wit hout an on
track safety strategy approved by the Railway’s Project Representative. When authority is
provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact
the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work,
and (4) location of the designated places of safety. Persons or equipment entering flag/work limits
that were not previously job briefed, must notify the flagger immediately, and be given a job briefing
when working within 25 feet of the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after
normal working hours or on weekends, the Railway's representative in charge of the project must
be notified. A minimum of two employees must be present at all times.
• 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under
suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be
removed from the Railway's Property and subsequently released to the custody of a representative
of Contractor management. Future access to the Railway's Property by that employee will be
denied.
• 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be
reported immediately to the Railway's representative in charge of the project. Any vehicle or
machine which may come in contact with track, signal equipment, or structure (bridge) and could
result in a train derailment must be reported immediately to the Railway representative in charge
of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local
emergency numbers are to be obtained from the Railway representative in charge of the project
prior to the start of any work and must be posted at the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms
or other deadly weapons in their possession while working on Railway's Property.
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet
applicable OSHA and ANSI specifications. Current Railway personnel protective equipment
requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the
requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses);
AGENDA ITEM #5. e)
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b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and
d) high visibility retro-reflective work wear. The Railway’s representative in charge of the project is
to be contacted regarding local specifications for meeting requirements relating to hi-visibility work
wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State
and Federal regulations. (NOTE – Should there be a discrepancy between the information
contained on the web site and the information in this paragraph, the web site will govern.)
• 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS,
MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE
NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE
STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR
TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL
OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING
WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE
OF THE RAILWAY'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked
machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket,
they must be lowered to the ground. All machinery and equipment left unattended on Railway's
Property must be left inoperable and secured against movement. (See internet Engineering
Contractor Safety Orientation program for more detailed specifications)
• 1.06.11 Workers must not create and leave any conditions at the work site that would
interfere with water drainage. Any work performed over water must meet all Federal, St ate and
Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of high voltage unless
informed to the contrary by proper authority. For all power lines the minimum clearance between
the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350
KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If
capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person
must be designated to observe clearance of the equipment and give a timely warning for all
operations where it is difficult for an operator to maintain the desired clearance by visual means.
1.07 Excavation:
• 1.07.01 Before excavating, the Contractor must determine whether any underground pipe
lines, electric wires, or cables, including fiber optic cable systems are present and located within
the Project work area. The Contractor must determine whether excavation on Railway’s Property
could cause damage to buried cables resulting in delay to Railway traffic and disruption of service
to users. Delays and disruptions to service may cause business interruptions involving loss of
revenue and profits. Before commencing excavation, the Contractor must contact BNSF’s Field
Engineering Representative (______________). All underground and overhead wires will be
considered HIGH VOLTAGE and dangerous until verified with the company having ownership of
the line. It is the Contractor's responsibility to notify any other companies that have
underground utilities in the area and arrange for the location of all underground utilities
AGENDA ITEM #5. e)
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before excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before
continuing excavation in the area if obstructions are encountered which do not appear on drawings.
If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must
also notify the owner immediately. If there is any doubt about the location of underground cables
or lines of any kind, no work must be performed until the exact location has been determined.
There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations
and, regardless of depth, must be shored where there is any danger to tracks, structures or
personnel.
• 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered,
guarded and/or protected when not being worked on. When leaving work site areas at night and
over weekends, the areas must be secured and left in a condition that will ensure that Railway
employees and other personnel who may be working or passing through the area are protected
from all hazards. All excavations must be back filled as soon as possible.
1.08 Hazardous Waste, Substances and Material Reporting:
• 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or
other deleterious material, including but not limited to any non-containerized commodity or material,
on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways,
while performing any work under this Agreement, Contractor must immediately: (a) notify the
Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards
necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise
due care with respect to the release, including the taking of any appropriate measure to minimize
the impact of such release.
1.09 Personal Injury Reporting
• 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal
Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an
employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property
must be reported immediately (by phone mail if unable to contact in person) to the Railway's
representative in charge of the project. The Non-Employee Personal Injury Data Collection Form
contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the
Railway’s Project Representative no later than the close of shift on the date of the injury.
AGENDA ITEM #5. e)
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure
that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to tha t specific
event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company
vehicles)
Contractor/safety sensitive (F) Contractor/non-safety sensitive (G)
Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around
or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through
gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
AGENDA ITEM #5. e)
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REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE
PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
AGENDA ITEM #5. e)
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT
INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St: 2. Date: Time:
County: 3. Temperature: 4. Weather:
(if non BNSF location)
Mile Post / Line Segment:
5. Driver’s License No (and state) or other ID: SSN (required):
6. Name (last, first, mi):
7. Address: City: St: Zip:
8. Date of Birth: and/or Age: Gender:
(if available)
Phone Number: Employer:
Zip:
9. Injury: 10. Body Part:
(i.e., Laceration, etc.) (i.e., Hand, etc.)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment
13. Dr. Name: Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
AGENDA ITEM #5. e)
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EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ___________________________________
Agency Project: ___________________________________
[Insert contractor’s legal name here](hereinafter called “Contractor”), has entered into an
agreement (hereinafter called “Agreement”) dated ______________, 202_, [insert the date of
the contract between the Agency and the Contractor here] with City of Renton for the
performance of certain work in connection with the following project:___________________
Performance of such work will necessarily require Contractor to enter BNSF RAILWAY
COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway
Property"). The Agreement provides that no work will be commenced within Railway Property
until the Contractor employed in connection with said work for City of Renton (i) executes and
delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage
and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a
party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor
must furnish evidence to Railway certifying that the signatory is empowered to execute this
Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway
Property and as an inducement for such entry, Contractor, effective on the date of the Agreement,
has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for
all judgments, awards, claims, demands, and expenses (including attorneys' fees), for
injury or death to all persons, including Railway's and Contractor's officers and employees,
and for loss and damage to property belonging to any person, arising in any manner from
Contractor's or any of Contractor's subcontractors' acts or omissions or any work
performed on or about Railway’s property or right-of-way.
This obligation shall not include such claims, costs, damages, or expenses which
may be caused by the sole negligence of Railway or its contractors, agents or
employees; Provided, that if the claims or damages are caused by or result from the
concurrent negligence or other acts or omissions of (a) Railway, its contractors,
AGENDA ITEM #5. e)
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agents or employees and (b) Contractor, its subcontractors, agents or employees,
this provision shall be valid and enforceable only to the extent of the negligence of
the Contractor, its subcontractors, agents or employees.
It is mutually negotiated between the parties that the indemnification obligation shall
include all claims brought by Contractor’s employees against Railway, its agents,
servants, employees or otherwise, and Contractor expressly waives its immunity
under the industrial insurance act (RCW Title 51) and assumes potential liability for
all actions brought by its employees.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY
CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE
FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT
LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE
INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf o f Railway, that it will
adjust and settle all claims made against Railway, and will, at Railway's discretion, appear
and defend any suits or actions of law or in equity brought against Railway on any claim or
cause of action arising or growing out of or in any manner connected with any liability
assumed by Contractor under this Agreement for which Railway is liable or is alleged to be
liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such
claims and thereupon Contractor must proceed to adjust and handle to a conclusion such
claims, and in the event of a suit being brought against Railway, Railway may forward
summons and complaint or other process in connection therewith to Contractor, and
Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect,
indemnify, and save harmless Railway from and against all damages, judgments, decrees,
attorney's fees, costs, and expenses growing out of or resulting from or incident to any
such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any portion of
this Article shall be deemed to be inapplicable for any reason, including without limitation
as a result of a decision of an applicable court, legislative enactment or regulatory order,
the parties agree that this Article shall be interpreted as requiring Contractor to indemnify
Railway to the fullest extent permitted by applicable law.
It is mutually understood and agreed that the assumption of liabilities and indemnification
provided for in this Agreement survive any termination of this Agreement.
AGENDA ITEM #5. e)
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2) TERM
This Agreement is effective from the date of the Agreement until (i) the completion of the
project set forth herein, and (ii) full and complete payment to Railway of any and all sums
or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $2,000,000 each
occurrence and an aggregate limit of at least $4,000,000 but in no event less than the
amount otherwise carried by the Contractor. Coverage must be purchased on a post
2004 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on
the certificate of insurance:
The definition of insured contract shall be amended to remove any exclusion or
other limitation for any work being done within 50 feet of railroad property.
Waver of subrogation in favor of and acceptable to Railway.
Additional insured endorsement in favor of and acceptable to Railway.
Separation of insureds.
The policy shall be primary and non-contributing with respect to any insurance
carried by Railway.
It is agreed that the workers’ compensation and employers’ liability related exclusions
in the Commercial General Liability insurance policy(s) required herein are intended to
apply to employees of the policy holder and shall not apply to Railway employees.
No other endorsements limiting coverage as respects obligations under this Agreement
may be included on the policy with regard to the work being performed under this
agreement.
AGENDA ITEM #5. e)
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B. Business Automobile Insurance. This insurance shall contain a combined single limit
of at least $1,000,000 per occurrence, and include coverage for, but not limited to the
following:
Bodily injury and property damage
Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railway.
Additional insured endorsement in favor of and acceptable to Railway.
Separation of insureds.
The policy shall be primary and non-contributing with respect to any insurance
carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage for, but
not limited to:
Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railway.
A. Railroad Protective Liability insurance naming only the Railway as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The
policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following:
Endorsed to include the Pollution Exclusion Amendment
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
No other endorsements restricting coverage may be added.
The original policy must be provided to the Railway prior to performing any work
or services under this Agreement
Definition of “Physical Damage to Property” shall be endorsed to read: “means
direct and accidental loss of or damage to all property owned by any named
AGENDA ITEM #5. e)
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insured and all property in any named insured’ care, custody, and control arising
out of the acts or omissions of the contractor named on the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if
available) in Railway’s Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and suits
against Railway. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Railway for all claims and suits.
Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railway for loss of its owned or leased property or property under
Contractor’s care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages referenced
above.
Contractor is not allowed to self-insure without the prior written consent of Railway. If
granted by Railway, any self-insured retention or other financial responsibility for claims
shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities
that would otherwise, in accordance with the provisions of this Agreement, be covered by
Contractor’s insurance will be covered as if Contractor elected not to include a deductible,
self-insured retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments. The certificate should be directed to the
following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF@certfocus.com
www.certfocus.com
AGENDA ITEM #5. e)
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Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non -
renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company acceptable to
Railway or with a current Best’s Guide Rating of A- and Class VII or better, and authorized
to do business in the state(s) in which the service is to be provided.
If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain
coverage in force for a minimum of three years after expiration, cancellation or termination
of this Agreement. Annually Contractor agrees to provide evidence of such coverage as
required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s
insurance agent(s)/broker(s), who have been instructed by Contractor to procure the
insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor shall require
that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein,
naming Railway as an additional insured, and shall require that the subcontractor shall
release, defend and indemnify Railway to the same extent and under the same terms and
conditions as Contractor is required to release, defend and indemnify Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require, Railway
to terminate this Agreement immediately. Acceptance of a certificate that does not comply
with this section shall not operate as a waiver of Contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor including,
without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railway shall not be limited by the amount of the required insurance
coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor
will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation on the
part of the Contractor. Therefore, these provisions shall be enforceable and Contractor
shall be bound thereby regardless of whe ther or not indemnity provisions are determined
to be enforceable in the jurisdiction in which the work covered hereunder is performed.
AGENDA ITEM #5. e)
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For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”,
“BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of each.
4) SALES AND OTHER TAXES
In the event applicable sales taxes of a state or political subdivision of a state of the United
States are levied or assessed in connection with and directly related to any amounts
invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be responsible for paying
only the Sales Taxes that Contractor separately states on the invoice or other billing
documents provided to Railway; provided, however, that (i) nothing herein shall preclude
Railway from claiming whatever Sales Tax exemptions are applica ble to amounts
Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise,
consumption, services and other taxes which may accrue on all services, materials,
equipment, supplies or fixtures that Contractor and its subcontract ors use or consume in
the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes
(together with any penalties, fines or interest thereon) that Contractor fails to separately
state on the invoice or other billing documents provided to Railway or fails to collect at the
time of payment by Railway of invoiced amounts (except where Railway claims a Sales
Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with
any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for
each state in which Contractor delivers goods, provides services or, if applicable, transfers
intangible rights to Railway.
Upon request, Contractor shall provide Railway satisfactory evidence that all taxes
(together with any penalties, fines or interest thereon) that Contractor is responsible to pay
under this Agreement have been paid. If a written claim is made against Contractor for
Sales Taxes with respect to which Railway may be liable for under th is Agreement,
Contractor shall promptly notify Railway of such claim and provide Railway copies of all
correspondence received from the taxing authority. Railway shall have the right to contest,
protest, or claim a refund, in Railway’s own name, any Sales Taxes paid by Railway to
Contractor or for which Railway might otherwise be responsible for under this Agreement;
provided, however, that if Railway is not permitted by law to contest any such Sales Tax in
its own name, Contractor shall, if requested by Railway at Railway’s sole cost and expense,
contest in Contractor’s own name the validity, applicability or amount of such Sales Tax
and allow Railway to control and conduct such contest.
Railway retains the right to withhold from payments made under this Agreement amounts
required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a
withholding exemption or a reduction in the withholding rate of any jurisdiction on any
payments under this Agreement, before any payments are made (and in each succeeding
period or year as required by law), Contractor agrees to furnish to Railway a properly
completed exemption form prescribed by such jurisdiction. Contractor shall be responsible
AGENDA ITEM #5. e)
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for any taxes, interest or penalties assessed against Ra ilway with respect to withholding
taxes that Railway does not withhold from payments to Contractor.
1) EXHIBIT “C” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and
limitations contained in the Agreement, and the Contractor Requirements set forth on
Exhibit “C” attached to the Agreement and this Agreement, including, but not be limited to,
payment of all costs incurred for any damages to Railway roadbed, tracks, and/or
appurtenances thereto, resulting from use, occupancy, or presence of its employees,
representatives, or agents or subcontractors on or about the construction site. Contractor
shall execute a Temporary Construction Crossing Agreement or Private Crossing
Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any
temporary crossing requested to aid in the construction of this Project, if approved by
BNSF.
2) TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against all
damages arising from any unscheduled delay to a freight or passenger train which affects
Railway's ability to fully utilize its equipment and to meet customer service and contract
obligations. Contractor will be billed, as further provided below, for the economic losses
arising from loss of use of equipment, contractual loss of incentive pay and bonu ses and
contractual penalties resulting from train delays, whether caused by Contractor, or
subcontractors, or by the Railway performing work under this Agreement. Railway agrees
that it will not perform any act to unnecessarily cause train delay.
For loss of use of equipment, Contractor will be billed the current freight train hour rate per
train as determined from Railway's records. Any disruption to train traffic may cause delays
to multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other
grain, intermodal, coal and freight trains operate under incentive/penalty contracts between
Railway and its customer(s). Under these arrangements, if Railway does not meet its
contract service commitments, Railway may suffer loss of performance or incentive pay
and/or be subject to penalty payments. Contractor is responsible for any train performance
and incentive penalties or other contractual economic losses actually incurred by Railway
which are attributable to a train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary and
confidential. In the event of a train delay covered by this Agreement, Railway will share
information relevant to any train delay to the extent consistent with Railway confidentiality
AGENDA ITEM #5. e)
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obligations. The rate then in effect at the time of performance by the Contractor hereunder
will be used to calculate the actual costs of train delay pursuant to this agreement.
Contractor and its subcontractors must give Railway’s representative
(___________________) _____ (__) weeks advance notice of the times and dates for
proposed work windows. Railway and Contractor will establish mutually agreeable work
windows for the project. Railway has the right at any time to revise or change the work
windows due to train operations or service obligations. Railway will not be responsible for
any additional costs or expenses resulting from a change in work windows. Additional
costs or expenses resulting from a change in work windows shall be accounted for in
Contractor’s expenses for the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
AGENDA ITEM #5. e)
55 of 57
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed
by its duly authorized officer the day and year first above written.
CONTRACTOR LEGAL NAME BNSF Railway Company
By: ____________________________ By: _____________________________
Printed Name: ____________________ Name: __________________________
Manager Public Projects
Title: ___________________________
Accepted and effective this ______day of 20__.
Contact Person: __________________
Address: _______________________
City: ___________________________
State: _______ Zip: ______________
Fax: ____________________________
Phone: _________________________
E-mail: _________________________
AGENDA ITEM #5. e)
56 of 57
Exhibit D – Railroad Cost Estimates
AGENDA ITEM #5. e)
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF RENTON
LOCATION SCOPA DETAILS OF ESTIMATE PLAN ITEM :000343228 VERSION :4
PURPOSE, JUSTIFICATION AND DESCRIPTION
PARK AVE - RENTON, WA; INSTALL FLASHERS / GATES / PREEMPTION; NORTHWEST DIV; SEATTLE SUBDIV; LS 405; MP 3.70; DOT#
PENDING; SEQ# 80021.
MONTHLY POWER UTILITY COST CENTER : 61504.
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THIS ESTIMATE IS GOOD FOR 180 DAYS. THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD.
CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
******************************* SIGNAL WORK ONLY *******************************
THE CITY OF RENTON IS FUNDING 100% OF THIS PROJECT.
MAINTAIN PROPRIETARY CONFIDENTIALITY.
PRIMARY FUNDING SOURCE IS FHWA
** BUY AMERICA(N) APPLIES **
DESCRIPTION QUANTITY U/M COST TOTAL $
**********
LABOR
**********
ELECTRICAL LABOR F/SIGNAL EQUIPMENT 54.0 MH 2,542
INSTALL INSULATED JOINT 38.08 MH 1,351
PLACE FIELD WELDS - CAP 75.9 MH 2,853
SIGNAL FIELD - INSTALL 1200.0 MH 47,465
SIGNAL SHOP LABOR - CAP 0.01 MH 1
PAYROLL ASSOCIATED COSTS 35,436
DA OVERHEADS 58,834
EQUIPMENT EXPENSES 12,055
INSURANCE EXPENSES 9,485
TOTAL LABOR COST 170,022 170,022
*************
MATERIAL
*************
INSUL JT W/PLATES-GENERIC-40 FT-BONDED FOR 4.0 EA **9,000
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT **600
ADV PREEMPT PACKAGE 1.0 LS N 6,594
ARRESTOR, MDSA-2 XS 1.0 EA N 737
BATTERY, VGL-255 10.0 EA N 2,597
BATTERY, VGL-350 9.0 EA N 3,053
BELLS 3.0 EA N 621
BUNGALOW 8X8 W/ AC 1.0 LS N 14,458
BUNGALOW MATERIAL 1.0 LS N 7,564
CABLE, 2C/6 TW 1000.0 FT N 1,580
CABLE, 3C/2 250.0 FT N 1,893
CABLE, 5C/10 220.0 FT N 502
CABLE, 5C/6 800.0 FT N 4,200
CABLE, 7C/14 800.0 FT N 1,696
CHARGERS, 12/80 (20/40/60)2.0 EA N 3,009
ELECTRICAL MATERIAL 1.0 LS N 1,500
EVENT RECORDER 1.0 EA N 5,684
FIELD MATERIAL 1.0 LS N 7,372
FILL DIRT 20.0 CY N 500
FLASHER ASSEMBLY, COMPLETE 1.0 EA N 3,913
FOUNDATION, CONCRETE 3.0 EA N 824
GATE MECHANISM, S-60 2.0 EA N 10,961
GATE SAVER 2.0 EA N 2,604
LED LIGHT 12.0 EA N 2,571
RING-10 1.0 EA N 110
SIDELIGHT, 1-WAY 1.0 EA N 853
SIGN, STOP AND WAIT 2.0 EA N 58
SURFACE ROCK 10.0 CY N 500
AGENDA ITEM #5. e)
TRACK DRIVER, TD4 1.0 EA N 716
MATERIAL HANDLING 480
ONLINE TRANSPORTATION 1
USE TAX 9,282
OFFLINE TRANSPORTATION 1,085
TOTAL MATERIAL COST 107,118 107,118
**********
OTHER
**********
AC POWER SERVICE 1.0 EA N 5,000
BUNGALOW, WIRE AND TEST 1.0 LS N 9,000
CONTRACT ENGINEERING 1.0 LS N 12,000
CONTRACT FLAGGING/SIGNS/CONES 1.0 LS N 7,000
DIRECTIONAL BORING 350.0 FT N 17,500
TRAFFIC ENGINEERING CONSULT 1.0 LS N 30,000
TOTAL OTHER ITEMS COST 80,500 80,500
PROJECT SUBTOTAL 357,640
CONTINGENCIES 35,563
BILL PREPARATION FEE 3,933
GROSS PROJECT COST 397,136
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 397,136
AGENDA ITEM #5. e)
***** MAINTAIN PROPRIETARY CONFIDENTIALITY *****
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF RENTON
LOCATION SCOPA DETAILS OF ESTIMATE PLAN ITEM :237727000 VERSION :1
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP NWW DIV SEATTLE SUB SPUR SUB LS 405 MP 3.70 - 100% BILLABLE TO CITY OF RENTON -- PARK AVENUE EXTENSION PROJECT
SURFACE ESTIMATE.
DESCRIPTION QUANTITY U/M COST TOTAL $
**********
LABOR
**********
FLAGGING - PUBLIC CROSSING - CAP 360.0 MH 12,798
REPLACE PUBLIC CROSSING - TOTAL REHAB 104.0 MH 3,418
REPLACE TRACK PANELS - CAP 128.0 MH 4,206
SURFACE TRACK - REPLACEMENT - CAP 72.0 MH 2,441
UNLOAD BALLAST - REPLACEMENT - CAP 9.0 MH 296
UNLOAD CROSSING MATERIAL - PUBLIC - CAP 52.0 MH 1,709
PAYROLL ASSOCIATED COSTS 16,254
DA OVERHEADS 26,986
EQUIPMENT EXPENSES 12,894
INSURANCE EXPENSES 4,350
TOTAL LABOR COST 85,352 85,352
*************
MATERIAL
*************
BALLAST NT, SYSTEM AVERAGE COST 150.0 NT **1,646
JOINT, COMPROMISE, 115 LB/112 LB, LH, 3L & 4L 4.0 PR **1,136
PNL TRK, 40FT,136SC,10FT,PNDRL,WOOD 4.0 EA **28,144
RAIL, TRANSITION 115/90, BLANK ENDS, 25 FT 4.0 EA 6,604
RAIL, TRANSN,136/115,BLANK ENDS, NEW TO NEW RAIL,4.0 EA 4,900
SPIKE, TBR SCREW 3/4"X13", F/ROAD XING 234.0 EA **480
WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT **600
XING CONC 136LB 10FT TIES TANGENT 104.0 FT **17,878
XING CONC RAMP 136LB COMPLETE SET 1.0 ST **329
MATERIAL HANDLING 3,083
ONLINE TRANSPORTATION 2,326
USE TAX 5,957
OFFLINE TRANSPORTATION 740
TOTAL MATERIAL COST 73,823 73,823
**********
OTHER
**********
TOTAL OTHER ITEMS COST 0 0
PROJECT SUBTOTAL 159,175
CONTINGENCIES 15,164
BILL PREPARATION FEE 1,744
GROSS PROJECT COST 176,083
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 176,083
Page 5 of 5
AGENDA ITEM #5. e)
57 of 57
Exhibit E – Signal AAR Units and Maintenance Costs
AGENDA ITEM #5. e)
Exhibit E
BNSF will operate and maintain the Crossing Signal Equipment, Crossing Signal House, and the
new crossing surface in proper condition. The Agency will reimburse BNSF for 50% of the annual
maintenance costs, which, as of 2021 AAR unit rates, is calculated to be $17,808.00.
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
1
EASEMENT AGREEMENT
FOR PARK AVENEUE NORTH EXTENSION, RENTON, WA
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR ROADWAY PURPOSES ("Easement Agreement") is made
and entered into as of the _______ day of _____________________ 2022 ("Effective Date"), by and between
BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and THE CITY OF RENTON, a political
subdivision of the State of Washington ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of Renton, County
of King, State of Washington at Mile Post 3.73, on Line Segment 405, as described or depicted on Exhibit "A"
and described on Exhibit A-1 attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
dated as of ______________________________________ concerning improvements on or near the Premises
(the “C&M Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set
forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which
terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever
reason, no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein,
the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to
herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict
accordance with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders,
including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make
any alterations or improvements or perform any maintenance or repair activities within the Premises except in
accordance with the terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor
and any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines")
upon, over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any tracks or additional facilities or structures upon, over, under or across the
Premises; and
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
2
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of
this Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any
personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises.
Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to
entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL
OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO
ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT
IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO
ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its
physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee
acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's
Contractors (as hereinafter defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR
USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by
anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the
affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve
such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing
drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate
sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and
workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or
other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities
(collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any
adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their
service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must
mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor
property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The
Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and
remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
3
work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and
local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees
incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor
shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against
Grantor, including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation
and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not
maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms
are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances"
may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation
of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to
promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of
all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such
release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during
the construction or subsequent maintenance of the Improvements, soils or other materials considered to be
environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils.
Determination of soils contamination and applicable disposal procedures thereof, will be made only by an
agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
environment and shall take whatever action is necessary to prevent injury to persons or property arising out of
such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of
any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to
Grantor's request for information regarding said conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory
to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above-
stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor
may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon
Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in
Section 9.
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
4
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything present on the rail
corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all
costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to
perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this
Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five
(5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the
Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to
terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any
way affect Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from
any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises
are restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and
not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,
whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee
shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected with Grantee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct
Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee
shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed
by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement
Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement,
whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to
the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon
any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until
the Premises are surrendered.
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
5
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or
attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized
to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by
Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure
of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or
any other section of this Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement
Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an
exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with
a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of
such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall
be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be
delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft.
Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to
Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate
records in the county where the Premises are located. If a Memorandum of Easement is not executed by the
parties and recorded as described above within 30 days of the Effective Date, Grantor shall have the right to
terminate this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of [Texas] without regard to conflicts
of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and agreements of such parties. This
instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding
upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
present or future Laws, such provision will be fully severable and this Easement Agreement will be construed
and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining
provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms
to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee
with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other
agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However,
AGENDA ITEM #5. e)
Form 704CM; Rev. 08/17/11
6
nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and
hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
ADMINISTRATIVE FEE
15. Grantee acknowledges that a material consideration for this agreement, without which it would
not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this
Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,500.00 over and above
the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate
check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
THE CITY OF RENTON, a political subdivision of the State of
Washington
By:
Name:
Title:
AGENDA ITEM #5. e)
EXHIBIT "A"
Premises
AGENDA ITEM #5. e)
EXHIBIT "A-1
Legal"
A PORTION OF ASSESSORS PARCEL NO. 0823059027 IN THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERNMOST POINT OF LOT 6 OF THE BINDING SITE PLAN FOR BOEING
LAKESHORE LANDING, SAID POINT BEING ON THE NORTH RIGHT OF WAY MARGIN OF LOGAN
AVENUE NORTH; ACCORDING TO THE PLAT THEREOF RECORDED IN AUDITOR’S FILE NO.
20041223000856, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
THENCE NORTH 46°12’25” WEST, ALONG THE NORTHEAST LINE OF SAID LOT, A DISTANCE OF 83.75
FEET TO AN ANGLE POINT IN THE BOUNDARY OF ASSESSORS PARCEL NO. 0823059027;
THENCE CONTINUING NORTH 46°12’25” WEST, ALONG SAID NORTHEAST LINE AND SAID
BOUNDARY LINE OF PARCEL NO. 0823059027, A DISTANCE OF 25.34 FEET TO AN ANGLE POINT;
THENCE SOUTH 46°36’56” WEST, ALONG THE SOUTHEAST LINE OF SAID PARCEL, A DISTANCE OF
13.25 FEET;
THENCE SOUTH 47°42’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.87 FEET;
THENCE SOUTH 48°37’57” WEST, ALONG SAID LINE, A DISTANCE OF 37.00 FEET;
THENCE SOUTH 49°22’46” WEST, ALONG SAID LINE, A DISTANCE OF 37.33 FEET;
THENCE SOUTH 49°57’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.25 FEET;
THENCE SOUTH 50°22’49” WEST, ALONG SAID LINE, A DISTANCE OF 37.18 FEET;
THENCE SOUTH 50°37’51” WEST, ALONG SAID LINE, A DISTANCE OF 37.10 FEET;
THENCE SOUTH 50°42’51” WEST, ALONG SAID LINE, A DISTANCE OF 264.73 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 26°08’22” WEST, A DISTANCE OF 76.71 FEET TO A POINT ON THE NORTHWEST LINE
OF SAID PARCEL;
THENCE SOUTH 50°43’13” WEST, ALONG SAID NORTHWEST LINE, A DISTANCE OF 89.34 FEET;
THENCE SOUTH 26°08’22” EAST, A DISTANCE OF 76.71 FEET TO A POINT ON THE SOUTHEAST LINE
OF SAID PARCEL;
THENCE NORTH 50°42’51” EAST, ALONG SAID SOUTHEAST LINE, A DISTANCE OF 89.34 FEET TO
THE POINT OF BEGINNING.
HAVING AN AREA OF 6,674 SQUARE FEET, MORE OR LESS.
AGENDA ITEM #5. e)
EXHIBIT “B”
MEMORANDUM OF EASEMENT
AGENDA ITEM #5. e)
Page 1 of 5
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day
of_________________, 2022, by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive,
Fort Worth, Texas 76131, and THE CITY OF RENTON, a political subdivision of the State of
Washington ("Grantee"), whose address for purposes of this instrument is 1055 Grady Way,
Renton, Washington 98057, which terms "Grantor" and "Grantee" shall include, wherever the
context permits or requires, singular or plural, and the heirs, legal representatives, successors and
assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in King County,
Washington as described on Exhibit "A" and described on Exhibit A-1 attached hereto and
incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
_____________________________, 2022 (the "Easement Agreement") which set forth, among
other things, the terms of an easement granted by Grantor to Grantee over and across the
Premises (the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged,
Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement
over and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement are
incorporated herein by this reference for all purposes as though written out at length herein, and
both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a
single instrument or document. This Memorandum of Easement is not intended to amend, modify,
supplement, or supersede any of the provisions of the Easement Agreement and, to the extent
there may be any conflict or inconsistency between the Easement Agreement or this Memorandum
of Easement, the Easement Agreement shall control.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of
Easement to as of the date and year first above written.
AGENDA ITEM #5. e)
Page 2 of 5
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ______ day of _________________, 2022,
by ______________________________ (name) as
___________________________________(title) of BNSF RAILWAY COMPANY, a Delaware
corporation.
Notary Public
My appointment expires:
(Seal)
AGENDA ITEM #5. e)
Page 3 of 5
GRANTEE:
THE CITY OF RENTON, a political subdivision of
the State of Washington
By:
Name:
Title:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ______ day of _______________________,
201_, by ___________________________________ (name) as
______________________________(title) of ___________________________________, a
________________________________________.
Notary Public
My appointment expires:
(Seal)
AGENDA ITEM #5. e)
Page 4 of 5
EXHIBIT "A”
AGENDA ITEM #5. e)
Page 5 of 5
EXHIBIT "A-1”
Legal"
A PORTION OF ASSESSORS PARCEL NO. 0823059027 IN THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERNMOST POINT OF LOT 6 OF THE BINDING SITE PLAN FOR
BOEING LAKESHORE LANDING, SAID POINT BEING ON THE NORTH RIGHT OF WAY MARGIN
OF LOGAN AVENUE NORTH; ACCORDING TO THE PLAT THEREOF RECORDED IN AUDITOR’S
FILE NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
THENCE NORTH 46°12’25” WEST, ALONG THE NORTHEAST LINE OF SAID LOT, A DISTANCE
OF 83.75 FEET TO AN ANGLE POINT IN THE BOUNDARY OF ASSESSORS PARCEL NO.
0823059027;
THENCE CONTINUING NORTH 46°12’25” WEST, ALONG SAID NORTHEAST LINE AND SAID
BOUNDARY LINE OF PARCEL NO. 0823059027, A DISTANCE OF 25.34 FEET TO AN ANGLE
POINT;
THENCE SOUTH 46°36’56” WEST, ALONG THE SOUTHEAST LINE OF SAID PARCEL, A
DISTANCE OF 13.25 FEET;
THENCE SOUTH 47°42’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.87 FEET;
THENCE SOUTH 48°37’57” WEST, ALONG SAID LINE, A DISTANCE OF 37.00 FEET;
THENCE SOUTH 49°22’46” WEST, ALONG SAID LINE, A DISTANCE OF 37.33 FEET;
THENCE SOUTH 49°57’47” WEST, ALONG SAID LINE, A DISTANCE OF 37.25 FEET;
THENCE SOUTH 50°22’49” WEST, ALONG SAID LINE, A DISTANCE OF 37.18 FEET;
THENCE SOUTH 50°37’51” WEST, ALONG SAID LINE, A DISTANCE OF 37.10 FEET;
THENCE SOUTH 50°42’51” WEST, ALONG SAID LINE, A DISTANCE OF 264.73 FEET TO THE
POINT OF BEGINNING;
THENCE NORTH 26°08’22” WEST, A DISTANCE OF 76.71 FEET TO A POINT ON THE
NORTHWEST LINE OF SAID PARCEL;
THENCE SOUTH 50°43’13” WEST, ALONG SAID NORTHWEST LINE, A DISTANCE OF 89.34 FEET;
THENCE SOUTH 26°08’22” EAST, A DISTANCE OF 76.71 FEET TO A POINT ON THE SOUTHEAST
LINE OF SAID PARCEL;
THENCE NORTH 50°42’51” EAST, ALONG SAID SOUTHEAST LINE, A DISTANCE OF 89.34 FEET
TO THE POINT OF BEGINNING.
HAVING AN AREA OF 6,674 SQUARE FEET, MORE OR LESS.
AGENDA ITEM #5. e)
AB - 3246
City Council Regular Meeting - 28 Nov 2022
SUBJECT/TITLE: Agreement with Washington Department of Ecology for 2021 -2023
Water Quality Stormwater Capacity Grant WQSWCAP-2123-Renton-
00172
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Kristina Lowthian, Surface Water Engineer
EXT.: 7249
FISCAL IMPACT SUMMARY:
The City is eligible to receive up to $50,000 in grant funding from the Washington Department of Ecology’s
Capacity Grant program. The Surface Water Utility requests $50,000 of Capacity Grant Funds to be
appropriated to the Surface Water Operations revenue and expenditure accounts. These funds will be used
for meeting the requirements of the Western Washington NPDES Phase II Municipal Stormwater Permit
program components. The revenue and expenditure accounts will be adjusted in the next quarterly budget
adjustment ordinance.
SUMMARY OF ACTION:
The Washington State Department of Ecology Capacity Grant Agreement will provide up to $50,000 in non -
matching grant funds to assist the Surface Water Utility and the City withimplementing the requirements
associated with the Municipal Stormwater Permit. The activities eligible for this grant funding include the
implementation of:
• Stormwater planning program
• Public education and outreach program
• Public involvement and participation program
• Storm sewer system mapping and documentation program
• Illicit discharge detection and elimination program
• Runoff control program
• Operations and maintenance program
• Source control program
This grant is classified as a reimbursable grant which is fully funded by the Washington State Department of
Ecology and does not require the City to match any funds. Per the agreement, incurred costs are eligible for
reimbursement from July 1, 2021, through March 31, 2023.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Water Quality Stormwater Capacity Agreement No.
WQSWCAP-2123-Renton-00172 with the Washington State Department of Ecology for $50,000 in non -
AGENDA ITEM #5. f)
matching funds to assist the City in complying with the requirements of the Wes tern Washington Phase II
Municipal Stormwater Permit and approve the requested appropriation of funds to the Surface Water Utility
Operations revenue and expenditure accounts.
AGENDA ITEM #5. f)
Agreement No. WQSWCAP-2123-Renton-00172
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
2021-2023 Biennial Stormwater Capacity Grants
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01/2021
03/31/2023
Capacity Grant
AGENDA ITEM #5. f)
Page 2 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
UEI Number:UG2PSBS6UJJ3
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Renton
91-6001271
092278894
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
rstraka@rentonwa.gov
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 3 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
Kristina Lowthian
Civil Engineer II
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Authorized
Signatory
Kristina Lowthian
Civil Engineer II
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Billing Contact
Project Manager
Authorized
Signatory
Armondo Pavone
Mayor
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apavone@rentonwa.gov
Phone: (425) 430-6500
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AGENDA ITEM #5. f)
Page 4 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 5 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Vincent McGowan, P.E.
Mayor
Armondo Pavone
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 6 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
City Clerk Date
Jason A. Seth
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 7 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $0.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement .
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page Outcome Summary Report. <br>
* Properly maintained project documentation.
Recipient Task Coordinator: Kristina Lowthian
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2 Recipient Closeout Report (EAGL Form).
1.3 Two-page draft and Final Outcome Summary Reports.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 8 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $50,000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable . The
following is a list of elements RECIPIENT’s project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges .
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development , redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort .
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement .
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 9 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
purchases over $5,000 must be pre-approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed , summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems ,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes ,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Recipient Task Coordinator: Kristina Lowthian
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 10 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
BUDGET
Funding Distribution EG220357
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
MTCA
Type:
Funding Source %:
Description:
Fund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
2021-23 capacity grant
07/01/2021 03/31/2023
Grant
2021-23 capacity grant Task Total
Permit Implementation 50,000.00$
50,000.00$Total:
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AGENDA ITEM #5. f)
Page 11 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%50,000.00 50,000.000.000.002021-23 capacity grant
Total $$0.00 50,000.00 $50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 12 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 13 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 14 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 15 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 16 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 17 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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AGENDA ITEM #5. f)
Page 18 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 19 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 20 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
Template Version 12/10/2020
AGENDA ITEM #5. f)
Page 21 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2123-Renton-00172
2021-2023 Biennial Stormwater Capacity Grants
City of Renton
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
AGENDA ITEM #5. f)
AB - 3247
City Council Regular Meeting - 28 Nov 2022
SUBJECT/TITLE: Project Acceptance: CAG-21-131 with Sierra Pacific Construction, LLC
for the Maplewood Creek, and Madsen Creek Sediment Basin
Cleaning Project 2021-2022
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer
EXT.: 7247
FISCAL IMPACT SUMMARY:
The awarded construction contract amount was $255,606.51, and the final project cost was $252,019.57. The
project was funded through the approved Surface Water Utility 2021 and 2022 Capital Improvement Program
budget (427.475050).
SUMMARY OF ACTION:
Removal of sediment from the Maplewood Creek and Madsen Creek basin is essential to maintain adequate
drainage and prevent flooding of the Maplewood Golf Course and SR -169. The Maplewood Creek and Madsen
Creek Sediment Basin Cleaning Project 2021-2022 was awarded to Sierra Pacific Construction, LLC on June 14,
2021. The project took place in the regular fish window for in -water work between July 1 and August 31 in
2021 and 2022. The physical completion of all required work items was granted on October 20, 2 022. The
project consisted of constructing a temporary bypass dam, dewatering the sediment basins, fish rescue,
removing approximately 800 cubic yards of accumulated sediment in each sediment basin each year, hauling,
and disposing of accumulated sediment, refilling the sediment basins, restoration, and hydroseeding the
project sites.
EXHIBITS:
A. Notice of Completion of Public Works Contract
B. Final Contract Voucher
STAFF RECOMMENDATION:
Accept the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 with Sierra Pacific
Construction, LLC, and authorize release of the retainage bond after 60 days once all the required releases
from the state have been obtained.
AGENDA ITEM #5. g)
F215-038-000 Notice of Completion of Public Works Contract 05-2020
Notice of Completion of
Public Works Contract
Department Use Only
Assigned to Date Assigned
Date Form Version Revision Reason
Awarding Agency Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Prime Contractor Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Project Information
Project Name Contract Number Affidavit ID Number
Jobsite Address City State Zip Code
Date Awarded Date Work Commenced Date Work Completed Date Work Accepted
Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement
Have Subcontractors been used? Yes No If yes, complete Addendum A
Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No
Detailed Description of Work Completed
DOR Tax Information
Calculated Amount Liquidated Damages
Additions (+) Amount Disbursed
Reductions (-) Amount Retained
Sub-Total Other
Sales Tax Amount Sales Tax Rate
Total Total
Both totals must to be equal - If multiple sales tax rates, attach a list
Apprentice Utilization Information
Was apprentice utilization required? Yes No Engineer’s Estimate:
Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No
Comments
The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No
payment shall be made from the retained funds until receipt of all release certificates and affidavits.
Complete and submit for by email to all three agencies below
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security Department
Registration, Inquiry, Standards &
Coordination Unit
(360) 890-3499
publicworks@esd.wa.gov
AGENDA ITEM #5. g)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020
AGENDA ITEM #5. g)
FINALCONTRACTVOUCHERCERTIFICATE
Contractor
Sierra Pacific Construction LLC
Street Address
P.O.Box 620
City Contract Number City Project Number Federal—AidNumber (if applicable)
Contract Title
Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021
Date Work Physically Complete Final Amount
10/20/2022 $252,019.57
CONTRACTOR’S CERTIFICATION
I,The undersigned,having first been duly sworn,certify that I am authorized to sign for the claimant;that in connection with the work
performed and to the best of my knowledge no loan,gratuity or gift in any form whatsoever has been extended to any employee of
the City of Renton nor have I rented or purchased any equipment or materials from any employee of the City of Renton;I further
certify that the attached final estimate is a true and correct statement showing all the monies due me from the City of Renton for
work performed and material furnished under this contract;that I have carefully examined said final estimate and understand the
same and that I release the City of Renton from any and all claims of whatsoever nature which I may have,arising out of the
performance of said contract,which are not set forth in said estimate.
Contractor Authorized Signature (Required)11.500¢"c_,\—\As,1,,"°.g —g -4 9‘<L\«";;';.;‘~!.»-.fl::14 I I e /\'.'_\0o“?5~d,;f$’‘..g V “Printed Signature Name g :-NOTARY .:5:Q Q E PUBLIC :,-
Subscribed and sworn to before me this 0 IL4‘‘Tb of§IQ If 20
._gs’:'
I .“:°'0 /.':\C
A [A AYM,N°1 T:‘I;3':é£'\I:I‘foI',0tate ofresidta1WM."“g ’’
CITY OF RENTON CERTIFICATION
I,certify the attached final estimate to be based upon actual measurements,and to be true and correct.
..,1gm,g>-,,,-./
M__
PW/JoeFarah 10/20/2022
Project Manager Signature Public Works Dept.,Section Manager Approved Date
CITY OF RENTON ACCEPTANCE
The City of Renton hereby accepts the completed contract,pursuant to Section 1-05.12 of the Contract Provisions.
Public Works Administrator Date of Council Acceptance
Contractor's claims,it any,must be included and the Contractor's Cer;t_ificationmust be labeled indicating a claim is attached.
AGENDA ITEM #5. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4487
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
VALLEY MEDICAL CENTER, UNIVERSITY OF WASHINGTON, AND KING COUNTY,
ENTITLED “CONSORTIUM PROJECT AGREEMENT 80” WHICH RETIRES C3 1 GE
SERVICES, UPLIFTS EXISTING 1 GE SERVICES TO 10 GE, ADDS 10 GE SERVICES FOR
“PROJECT ELIGIBLE” C3 MEMBERS WHO HAVE OPTED IN TO THIS PROJECT
AGREEMENT, WITH SUCH A PROJECT BEING AN ENDEAVOR OF THE COMMUNITY
CONNECTIVITY CONSORTIUM WHICH WAS PREVIOUSLY FORMED BY
INTERLOCAL AGREEMENT.
WHEREAS, the City and other local governments and state agencies are authorized,
pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal
government cooperative agreement; in 2011 establishing the Community Connectivity
Consortium, which entity was formed under the authority of RCW 35.21.730 through 35.21.759
(“Consortium”); and
WHEREAS, since its creation, several other jurisdictions have joined the Consortium, and
the current members are the Cities of Renton, Algona, Auburn, Bellevue, Federal Way, Kent,
Kirkland, Milton, Newcastle, Pacific, Redmond, Seattle, and Tukwila, King County, Bel levue
College, Bellevue School District, Federal Way Public Schools Lake Washington School District,
Northshore School District, Renton Regional Fire Authority, Renton School District, University of
Washington, Evergreen Hospital, Valley Medical Center, NORCOM, South Sound 911, Valley
Communications Center, and South Correctional Entity (SCORE) ; and
WHEREAS, the purpose of the Consortium is to acquire, construct, operate, manage, and
maintain a regional communications network that meets the needs of commun ity institutions,
including but not limited to government agencies, hospitals, schools, and universities; and
AGENDA ITEM # 7. a)
RESOLUTION NO. 4487
2
WHEREAS, presently, certain members of the Consortium, namely the City of Renton,
King County, University of Washington, and Valley Medical Center (“Project Agreement
Members”), intend to enter into Consortium Project Agreement 80, which provides for
participation in a project completing fiber optic pathway from Valley Medical Center to King
County RCECC Node Site, retires C3 1 GE services, uplifts existing 1 GE services to 10 GE, adds 10
GE services for “Project Eligible” C3 members who have opted into this Project Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with the Project Agreement Members entitled Consortium Project Agreement 80,
attached hereto as Exhibit “A” and incorporated by this reference.
PASSED BY THE CITY COUNCIL this 28th day of November, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this 28th day of November, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES: IT: 1926 – 10.4.22
AGENDA ITEM # 7. a)
RESOLUTION NO. 4487
3
EXHIBIT “A”
Consortium Project Agreement 80
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 1 of 25
Consortium Project Agreement 80
University of Washington
Att: Noah Pitzer
4515 15th Ave NE
Seattle, WA 98015
Community Connectivity
Consortium (C3)
% Bellevue IT Department
450 110th Ave NE
Bellevue, WA 98004
City of Kirkland
Att: Donna Gaw
123 5th Ave
Kirkland, WA 98033
ValleyCom
Att: Lora Ueland
27519 108th Ave SE
Kent, WA 98030
NORCOM
Att: Nathan Way
P.O. Box 50911
Bellevue, WA 98015-0911
City of Renton
Att: Young Yoon
1055 S. Grady Way
Renton, WA 98057
City of Kent
Att: Mike Carrington
220 4th Ave S.
Kent, WA 98032
City of Federal Way
Att: Thomas Fichtner
33325 8th Ave South
Federal Way, WA 98003
King County
Information Technology
Department
Att: Bob Potts
Chinook Building
401 5th Ave Ste 700
Seattle, WA 98104
City of Auburn
Att: David Travis
25 W Main Street
Auburn, WA 98001
Renton School District
Att: Jay Gray
300 SW 7th Street
Renton, WA 98057
Project Agreement 80 Synopsis
This project agreement retires C3 1 GE services, uplifts existing 1 GE services to 10 GE, adds
10 GE services for “Project Eligible” C3 members who have opted in to this Project Agreement.
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 2 of 25
Contents
Consortium Project Agreement 80 1
Project Agreement 80 Synopsis 1
I. Project Description Summary 4
A. Project Number 4
B. Project Name 4
C. Project Description 4
D. Lead Agency/Project Manager 5
E. Participating Agencies 5
F. Agreement Term 5
II. Project Detail 5
A. Scope of Work 5
B. Responsibilities of Lead Agency and Project Manager 6
1. Lead Agency 6
2. Project Manager 6
Responsibilities of Project Participants 7
Payment and Contributions by Project Participants 7
III. 10 GE Service Terms 8
IV. Project Schedule 8
V. Miscellaneous 8
A. Modifications or Amendments 8
B. Counterparts 9
C. Authority 9
VI. INDEMNIFICATION AND LIMITATION OF LIABILITY 10
A. LIMITATION OF LIABILITY AND INDEMNITY—LEAD AGENCY 10
B. LIMITATION OF LIABILITY AND INDEMNITY—FACILITY OWNERS Error! Bookmark
not defined.
C. LIMITATION OF LIABILITY AND INDEMNITY—PARTICIPATING AGENCIES Error!
Bookmark not defined.
VII. ADDITIONAL TERMS AND CONDITIONS 11
A. LAWS, LICENSES, AND PERMITS 11
B. PERFORMANCE 11
C. SUBJECT TO LAWS 12
D. FORCE MAJEURE 12
E. NO WAIVER 12
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 3 of 25
F. SEVERABILITY 13
G. RIGHTS CUMULATIVE 13
H. CONTRACTUAL RELATIONSHIP 13
I. HEADINGS 13
J. APPLICABLE LAW AND VENUE 14
K. BINDING EFFECTS 14
L. ASSIGNMENT 14
M. NOTICES 14
N. MODIFICATION OR AMENDMENT 14
VIII. Approvals 14
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 4 of 25
I. Project Description Summary
A. Project Number
80
B. Project Name
1GE to 10GE Upgrade Project
C. Project Description
This project (80) is dependent on Project Agreement 70. Except for the specifics
related to the design, delivery, protection, costs, invoices, and payments of the
point-to-point Ethernet services proposed herein – which differs from the design,
delivery, protection, costs, invoices, and payments of the Ethernet Services
noted in Project Agreement 70, Project Agreement Number 70 shall govern and
take precedence.
The named participants in this Project Agreement (80) are signatories to Project
Agreement 70.
Under the auspices of Project Agreement 70 (PA 70),
i) UW operates the C3 optical transport infrastructure around Lake Washington
and
ii) Per Project Agreement 70 section IV. B “Optional services will be made
available by C3-to-C3 members
Hardware supporting 1 GE services on the C3 Ring is reaching end-of-life, and
end-of-support. This project will replace 1 GE hardware that supports 1 GE
services with 10 GE hardware and upgrade existing 1GE services to 10 GE
services. C3 members who are currently eligible for 1 GE services were offered
the opportunity to receive a new 10 GE service under the “Project Eligible” rate
provided they submitted their request to receive the 10 GE service before the
end of August 2022.
C3 Members with 1GE services who will be upgraded to 10 GE services are:
City of Kirkland
City of Renton
NORCOM
University of Washington
Valley Communications Center
Project Eligible C3 members who have requested 10 GE services are:
City of Federal Way
City of Kent
City of Auburn
King County
Renton School District
Project Eligible C3 members who have requested 10 GE services have until
December 31, 2023 to activate and begin using the service. Any 10GE that is
not actively in service by that date will be considered to be disconnected.
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 5 of 25
C3 Members who have existing 10 GE services will no longer be bound by the
three-year service rates agreed to in these project agreements:
PA 74 Valley Communications Center
PA 75 NORCOM
PA 76 City of Kent
D. Lead Agency/Project Manager
University of Washington/University of Washington
E. Participating Agencies
City of Kirkland
City of Renton
NORCOM
University of Washington
Valley Communications Center
City of Federal Way
City of Kent
City of Auburn
King County
Renton School District
F. Agreement Term
The initial term of Project Agreement 80 will be through the end of the “Initial
Optical System Equipment term” as defined in Project Agreement 70, 6/22/2016
– 6/21/2023; services will renew automatically on three-year terms going forward
except that no term will extend beyond the termination of Project Agreement 70.
Prior to the end of a given term for Project Agreement 80 either party may
provide 180 days advance written notice of termination for convenience.
The agreement term commences on the date when all signatories have executed
this Project Agreement.
II. Project Detail
A. Scope of Work
1. The University of Washington, working with the project participants will
manage the acquisition, installation and provisioning of ten 10 GE services for
the C3 Ring and decommission 1GE services and supporting hardware
2. Project participants will work with the University of Washington to enable their
10 GE services and to test and verify that the service is operational.
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 6 of 25
3. Planned Project Cost:
Project Element 1GE to 10GE Upgrade
(Five Services)
Project Eligible Additions
(Five 10GE Services)
Total
Hardware $48,526.41 $57,486.51 $106,012.92
Annual Vendor Maintenance $1,986.27 $1,650.46 $3,636.73
Installation Labor $13,343.01 $13,343.01 $26,686.02
Total $63,855.69 $72,479.98 $136,335.67
10% Contingency $13,633.57
Project Total $149,969.24
B. Responsibilities of Lead Agency and Project Manager
1. Lead Agency
a) The UW will procure all required hardware to support the services
on the C3 ring.
b) The UW will prepare a Bill of Materials (BOM) and will order,
install and provision the 10GE services and supporting hardware.
UW’s responsibilities are limited to the delivery of 10GE service
between the C3 equipment at each of the two Node Sites; the
10GE service will be presented to the demarks on the C3
infrastructure at each Node Site. UW will provide on-going
operations support for the 10GE service.
c) The UW will turn down 1GE services and decommission
supporting hardware
d) The UW will maintain inventory of and reserve 10GE optics paid
for by members but are out of active use due to service
disconnects
e) UW will invoice C3 for all hardware and labor costs associated
with this Project Agreement 80
2. Project Manager
a) The project manager is the point of contact for all project-related
activities associated with the delivery of the 10 GE service
handoffs to subscribers. UW will be responsible for providing the
LOA/CFA for connecting to the 10GE interface on the C3 node.
b) Develop and communicate project plan and schedule
c) Provide monthly updates on the project status
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 7 of 25
C. Responsibilities of Project Participants
1. Identify the endpoints for the 10GE services
2. Each subscriber will work with the UW following installation and
provisioning to test and accept the C3 10GE service. The subscriber will
provide final acceptance on the C3 10GE service installation’s
completion, such acceptance not to be unreasonably withheld. Such
acceptance will not be contingent on infrastructure or configurations
outside of the C3 10GE service; Each subscriber is responsible for any
infrastructure or configurations outside of the C3 infrastructure required to
use the C3 10GE service.
3. Project Eligible 10GE services must be put into service by the member by
December 31 2023. Any 10GE that is not actively in service by that date
will be considered to be disconnected.
D. Payment and Contributions by Project Participants
1. Project Eligible members who have committed to activating a Project
Eligible 10 GE Service agree to activate their new 10 GE service no later
than December 31, 2023. Project Eligible members will be billed
$2,668.60 for their 10GE service as part of their 2023 membership fees.
2. Project Eligible members who do not currently have an active 1GE
service have requested to receive 10 GE services at the “Project Eligible”
rate:
a) City of Kent
b) City of Federal Way
c) King County
d) City of Auburn
d) Renton School District
3. C3 will be responsible to pay for the annual vendor maintenance costs for
the hardware.
4. C3 will charge a $150.00/Year Admin Process Fee for each member’s 10
GE service. This fee will be billed annually as part of the member’s annual
membership fees.
5. C3 will pay UW for all hardware and labor costs associated with this
Project Agreement 80.
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 8 of 25
III. 10 GE Service Terms
A. Number of Subscribed Services
1. A C3 member may activate up to two (2) 10 GE services.
2. A C3 member desiring to activate more than two 10 GE services must seek C3
Operations Committee recommendation and C3 Board Approval.
B. Termination or Suspension of Service
1. A service subscriber may terminate their service after one year of activation.
2. Upon notification of termination of service, the UW will cease to monitor the
circuit. If the subscriber does not re-activate with one year of termination, the
UW will disconnect the hardware from service and store it for future deployment
of C3 services.
3. There is no labor fee for termination or suspension of service.
4. Hardware purchased by any participant will be reserved by University of
Washington and held to support a future 10GE service for that member or their
appointee.
IV. Project Schedule
Minor changes to the project schedule are permitted without formal written approval by
project participants.
Task Begin End Responsible
Hardware
Procurement
Oct 15, 2022 Mar 31, 2023 UW
Implement
Hardware
Mar 31, 2023 Apr 30, 2023 UW
Cutover Services May 1, 2023 Dec 31, 2023 UW/Subscribers
V. Miscellaneous
A. Modifications or Amendments
No modification to or amendment of the provisions of this Agreement shall be
effective unless in writing and signed by authorized representatives of the parties
to this Agreement. The parties expressly reserve the right to modify this
Agreement, from time to time, by mutual agreement as called for in the Project
Agreement Template Policy.
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 9 of 25
Minor changes to the project schedule are permitted without formal written
approval by project participants.
B. Counterparts
This Agreement may be executed in counterparts, each of which so executed will
be deemed to be an original and such counterpart together will constitute on and
the same agreement.
C. Authority
Each party hereby represents and warrants to the other parties that it has the
right, powers, and authority to enter into this Agreement and to fully perform all of
its obligations hereunder.
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 10 of 25
VI. Apportionment of Liability
A. Liability
1. Except as otherwise provided in this Agreement, each party shall defend,
indemnify, and hold harmless the other parties, including their officers, officials,
employees, agents, and regents, from and against any claim alleging harm,
damage, injury, or loss to any person or property to the extent such claim arises
out of or results from its own, or its employees’ or agents’ negligent acts or
omissions, whether during construction or after completion of the project.
2. If a party uses contractors or subcontractors for work pursuant to this
Agreement, then either (a) the party agrees that its obligations in Section VI.A
above will include responsibility for claims arising from the performance of such
contractors and subcontractors, or (b) the party will include in its contract with
any such contractor or subcontractor a provision requiring the contractor or
subcontractor to defend, indemnify, and hold harmless the other parties,
including their officers, officials, employees, agents, and regents from and
against any claim arising from the contractor’s or subcontractor’s performance.
3. No Party shall be liable to any other party or their users for incidental,
special, or consequential damages alleged to have arisen due to an interruption
of service or damage to any fiber optic cable or associated equipment.
4. The indemnity in Section VII.A above is specifically and expressly
intended to constitute a waiver of each party’s immunity under the Washington
Industrial Insurance Act, RCW Title 51,(a) only between and with regard to the
parties, (b) only for work done by a party, and (c) only to the extent necessary to
provide the indemnified party or parties with a full and complete indemnity of
claims made by the indemnitor’s employees. The parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
B. Worker Insurance
Each party to this Agreement shall ensure that it and all persons performing work on its behalf,
including without limitation project suppliers and subcontractors, maintain in effect at all times
during the Work, coverage or insurance in accordance with the applicable laws relating to
worker’s compensation and employer’s liability insurance (including, but not limited to, the
Washington Industrial Insurance Act and the laws of the state in which any such person was
hired), regardless of whether such coverage or insurance is mandatory or merely elective under
the law. Each party shall furnish such assurance and evidence of such coverage or insurance
(such as copies of insurance policies and Certificates of Compliance issued by the Washington
State Department of Labor and Industries) as Participating Agencies may request.
C. General Liability Insurance.
Each party to this Agreement shall maintain in full force and effect throughout the term of this
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 11 of 25
Agreement, a minimum of Two Million Dollars ($2,000,000) liability insurance for property
damage and bodily injury, and shall cause its agents, contractors, and subcontractors to
maintain the same with regard to work under this Agreement. In satisfying the insurance
requirements set forth in this section, a party may self-insure against such risks in such amounts
as are reasonable for a municipality or agency of its size or shall obtain a coverage agreement
through a Risk Pool authorized by Chapter 48.62 RCW which shall provide liability coverage to
the party for the liabilities contractually assumed by the party in this Agreement. At the time of
execution of this Agreement, and prior to commencement of performance of any of the Work,
each party shall furnish, upon request, a Certificates of Insurance as evidence that policies
providing insurance (or self-insurance) with such provisions, coverages and limits are in full
force and effect.
D. Notification
If any claim arises to which the indemnification provision in Section VI.A above may be
applicable, a party shall immediately upon learning of such claim, notify the other parties. In no
event shall a party have the right to pay, settle, or otherwise compromise such claim in a
manner that would require contribution by any other parties, without the prior written consent of
the other affected parties, who shall not unreasonably withhold such consent.
VII. ADDITIONAL TERMS AND CONDITIONS
A. LAWS, LICENSES, AND PERMITS
1. General Requirement
All Work done under this Agreement or any Project Agreement shall comply with all applicable
federal, state, and local laws, and all rules, regulations, orders, and directives of the
administrative agencies and officers thereof.
2. Licenses, Permits and Similar Authorizations
The Participating Agencies shall have and maintain in effect at all times all necessary
franchises, licenses, permits, consents and easements from federal, state and local authorities
and the owners of rights-of-way and private property. The Participating Agencies will comply
with all requirements thereof to install, construct, maintain, operate and remove any fiber optic
installation(s).
B. PERFORMANCE
Each Participating Agency will perform all of its obligations under this Agreement or any Project
Agreement in a reasonable and timely manner. The standard for such performance will be the
normal industry standard in the relevant market. Where any Participating Agency's approval,
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 12 of 25
satisfaction, authorization, or similar approbation is required, such approval, satisfaction,
authorization, or similar approbation will be forthcoming in a timely manner and will not be
unreasonably withheld.
C. SUBJECT TO LAWS
This Agreement and any Project Agreements are subject to all applicable federal, state, and
local laws, and regulations, rulings and orders of governmental agencies. Any Participating
Agency may terminate its obligations under this Agreement or any Project Agreement if ordered
to do so by the final order or filing of a court or other governmental agency or if such order or
ruling would make it impossible for any Participating Agency to carry out its obligations. In
addition, if at any time during the term of this Agreement or any Project Agreement, the action of
a governmental agency requires modification of any terms and conditions in order to meet legal
requirements, or renders performance by any Participating Agency unreasonable, the
Participating Agencies will enter into negotiations to achieve an equitable adjustment and
accounting of any increased costs or liabilities incurred by any Participating Agency as a result
of such required modification. The preceding section shall not apply to a court order
determining that the Participating Agencies' use violates a private easement.
The Participating Agencies, in their capacity as Facility Owners, have no actual knowledge of
any restriction in their agreements with third parties which would prohibit the Participating
Agencies' use of Facilities as contemplated herein. The Participating Agencies recognize that
the Facility Owners have done no special searches or investigations with respect to restrictions
in their agreements with third parties that may affect the use of Facilities as contemplated this
Agreement or by any Project Agreement.
D. FORCE MAJEURE
Any Participating Agency may suspend performance under this Agreement or any Project
Agreement and such non-performance will be excused where performance is rendered
impossible or impracticable for reasons beyond such Participating Agency's reasonable control,
such as, but not limited to, acts of nature, war or warlike operations, civil commotion, riot, labor
dispute including strike, walkout, or lockout, sabotage, or superior governmental regulation or
control. Upon removal or termination of the force majeure event, the Participating Agency
claiming force majeure shall promptly perform the affected obligations in an orderly and
expedited manner or procure a substitute for such obligation. The Participating Agencies shall
use all reasonable efforts to eliminate or minimize any delay caused by a force majeure event.
E. NO WAIVER
AGENDA ITEM # 7. a)
C3 Project Agreement 80
Page 13 of 25
No term or provision hereof shall be deemed waived or consented to, and no breach excused
unless such waiver or consent shall be in writing and signed by the Participating Agency
claimed to have waived or consented.
Failure of any one more Participating Agencies to insist upon strict performance of, or that
Participating Agency's waiver of, any of the terms, conditions, or obligations of a specific Project
Agreement, shall not be a waiver of any other term, condition, covenant or obligation, or of any
subsequent default by breach of the same or other term, condition, covenant or obligation
contained herein by any one or more particular Participating Agencies, nor shall such action or
inaction by any one or more Participating Agencies be constructed as to bind or prejudice any
other Participating Agency .
F. SEVERABILITY
In the event any section, sentence, clause, or phrase of a specific Project Agreement is
adjudicated to be invalid or illegal by a court of last resort and of competent jurisdiction, the
remainder of the specific Project Agreement shall be unaffected by such adjudication and all
other provisions shall remain in full force and effect as though the section, clause, or phrase so
adjudicated to be invalid had not been included herein. The Participating Agencies agree to
then negotiate, in good faith, a replacement section, sentence, clause, or phrase which is legal
and most closely represents the original intent of the Participating Agencies.
G. RIGHTS CUMULATIVE
The rights and remedies of the Participating Agencies provided for under a specific Project
Agreement are in addition to any other rights and remedies provided by law. The failure to
exercise on any occasion any right shall not operate to forfeit such right on another occasion.
The use of one remedy shall not exclude or waive the right to use another.
H. CONTRACTUAL RELATIONSHIP
The Project Agreement do not constitute the Participating Agencies as the agent or legal
representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are
not granted any express or implied right or authority to assume or create any obligation or
responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner in
any manner or thing whatsoever.
I. HEADINGS
The titles of sections are for convenience only and do not define or limit the
contents.
AGENDA ITEM # 7. a)
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J. APPLICABLE LAW AND VENUE
This Agreement and any Project Agreements among the Participating Agencies shall be
construed and interpreted in accordance with the laws of the State of Washington, and venue of
any action brought hereunder shall be in the Superior Court for King County.
K. BINDING EFFECTS
The provisions, covenants and conditions in any specific Project Agreement apply to bind the
Participating Agencies, their legal heirs, representatives, successors, and assigns.
L. ASSIGNMENT
No Participating Agency or Lead Agency shall assign its rights or assign its duties under this
Agreement or any Project Agreement without the prior written consent of the other Participating
Agencies, which consent shall not be unreasonably withheld.
M. NOTICES
All notices and other materials to be delivered hereunder, shall be in writing and shall be
delivered or mailed to addresses of the Members as maintained by the Consortium’s Fiscal
Agent.
N. MODIFICATION OR AMENDMENT
No modification to or amendment of the provisions of any specific Project Agreement shall be
effective unless in writing and signed by authorized representatives of the Participating
Agencies to this Agreement and the Project Agreement. The Participating Agencies expressly
reserve the right to modify any agreement, from time to time, by mutual agreement.
VIII. Approvals
IN WITNESS WHEREOF, the parties hereto have executed this Project Agreement on
the respective dates indicated below.
University of Washington
__________________________ ______________
AGENDA ITEM # 7. a)
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Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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Community Connectivity Consortium
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
AGENDA ITEM # 7. a)
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City of Kirkland
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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Valley Communications Center
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
AGENDA ITEM # 7. a)
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NORCOM
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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City of Renton
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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City of Kent
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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City of Federal Way
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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City of Auburn
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
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King County
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
AGENDA ITEM # 7. a)
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Renton School District
__________________________ ______________
Signature Date
__________________________
Name (Printed)
__________________________
Title (Printed)
AGENDA ITEM # 7. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-8-090.A.2, 4-8-090.A.5, 4-8-090.C.1, 4-9-240.D.2, 4-9-240.K,
AND SECTION 4-11-160 OF THE RENTON MUNICIPAL CODE, TO ESTABLISH
OPERATIONAL STANDARDS AND REQUIREMENTS FOR PERSONAL DELIVERY
DEVICE OPERATION AND DEVICE STORAGE, AUTHORIZING CORRECTIONS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council; and
WHEREAS, at the August 26, 2022, meeting of the Planning and Development Committee,
staff recommended allowing personal delivery device operation as a one-year trial period, under
one operator, in a predefined geographic area via Tier-II Temporary Use Permit to allow the
technology to be tested and improved in the field, gather additional information, and gain
experience with the new use; and
WHEREAS, Planning and Development Committee concurred with the staff
recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 7. b)
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-8-090.A.2 of the Renton Municipal Code is amended as
shown below.
2. Applicability: A neighborhood meeting is required for:
a. Preliminary plat applications;
b. Planned urban development applications; and
c. Projects estimated by the City to have a monetary value equal to or
greater than ten million dollars ($10,000,000), unless waived by the
Administrator.; and
d. Personal delivery device operation and associated device dispenser
storage.
de. Exemptions: The construction or alteration of public facilities, the
construction or alteration of airplane manufacturing facilities, and development
within the employment area land use designation.
SECTION III. Subsection 4-8-090.A.5 of the Renton Municipal Code is amended
as shown below.
5. Notice: Notices of the meeting shall contain the following statement
and be provided as follows:
“The intent of this meeting is to facilitate an informal discussion
between the project developer and the neighbors regarding the project. While
AGENDA ITEM # 7. b)
required by the City of Renton, this meeting is not conducted by the City of Renton
and is in addition to any future public hearing or public comment opportunities
available under City of Renton development review processes.”
a. Mailing: The applicant shall send by regular mail a written notice
announcing the neighborhood meeting to property owners within three hundred
feet (300') of the property subject to the proposed development. The no tice shall
include the date, time and location of the meeting and briefly discuss the nature
and location of the proposal. The notice shall be mailed not less than ten (10)
calendar days and no more than forty (40) calendar days prior to the meeting date.
The mailing list shall be obtained by the applicant and based on the most recent
property tax assessment rolls of the King County Department of Assessments
i. Neighborhood meetings for personal delivery device
operation and associated device dispenser storage shall adhere to the following
additional requirements:
(a) The applicant shall send by regular mail written notice to all
property owners, tenants, and residents within the proposed boundary area,
including those comprised within a three hundred feet (300’) buffer surrounding
the perimeter of the proposed boundary area; and
(b) Written notification shall include, at a minimum, the
following elements: an illustration of the personal delivery device, operator
contact name, title, phone number, e-mail address, and a summary of local and
state laws and regulations governing personal delivery device operation.
AGENDA ITEM # 7. b)
b. Meeting Location Sign: A sign at least two feet (2') by two feet (2')
in area with minimum two-inch (2") lettering shall be placed at the main entrance
of the building where the meeting will take place at least one hour prior to the
meeting. Such sign shall state purpose of the meeting, the meeting is open to the
public and that interested persons are invited to attend. This sign shall be removed
by the applicant upon conclusion of the meeting.
SECTION IV. Subsection 4-8-090.C.1 of the Renton Municipal Code is amended
as shown below. All other provisions in 4-8-090.C remain in effect and unchanged.
1. Applicability: A minimum of one public information sign shall be
required for all Type II and Type III Land Use Permits in accordance with the
following standards, unless exempted by this subsection. The applicant shall be
responsible for the procurement, installation and maintenance of the sign.
Exempt Permits: The following Type II and Type III Land Use Permits are
exempt from the requirements of this subsection:
a. Additional animals permit;
b. Business licenses for home occupations;
c. Temporary use permit – Tier II, except for temporary use permits for
personal delivery device operation and device dispensers;
d. Temporary emergency wetland permit;
e. Development permit (special flood hazard);
f. Final plats;
g. Final short plats;
AGENDA ITEM # 7. b)
h. Final binding site plans;
i. Mobile home park, final;
j. Planned urban development, final; and
k. Environmental review.
SECTION V. Subsection 4-9-240.D.2 of the Renton Municipal Code is amended as
follows:
2. Tier II: Examples of temporary uses in this category include:
a. Activities limited or prohibited by the base zone,
b. Mobile food vendors located in the residential zoning designations
or within fifty feet (50') of a lot zoned residential,
c. Mobile food vendors operating between the hours of 12:00 a.m.
(midnight) and 5:00 a.m. on a daily basis per subsection K2 of this Section,
d. Storage trailers,
e. Circuses, carnivals, fairs, or similar transient amusement or
recreational activities, and
f. Proposed temporary uses not listed in this subsection that are found
to meet the intent and purposes of this Section, as determined by the
Administrator, and.
g. Personal delivery devices and associated device dispensers.
SECTION VI. Subsection 4-9-240.K of the Renton Municipal Code is renamed as shown
below. All other provisions in 4-9-240.K remain in effect and unchanged, except as shown in
Section VII.
AGENDA ITEM # 7. b)
K. ADDITIONAL CONDITIONS FOR VEHICLE SALES EVENTS, MOBILE FOOD
VENDORS, AND TEMPORARY HOMELESS ENCAMPMENTS:
SECTION VII. Subsection 4-9-240.K of the Renton Municipal Code is amended to add a
new subsection 4-9-240.K.4 to read as shown below. All other provisions in 4-9-240.K remain in
effect and unchanged, except as shown in Section VI.
4. Personal Delivery Devices and Device Dispensers:
One Tier II temporary use permit may be permitted and active for personal
delivery device operation so long as all the requirements of RCW 46.75 are met.
In addition to the decision criteria listed in subsection J, the personal delivery
device operator (“operator”) shall also comply with the following:
a. Device Operation: Operation shall be limited to one operator in a
predefined geographic area subject to Administrator approval.
b. Public Outreach and Education: Every six (6) months the operator
shall hold one public outreach event and notify Washington State Department of
Services for the Blind, all property owners, tenants, and residents within the
proposed boundary area, including those comprised within a three hundred (300’)
buffer surrounding the perimeter of the proposed boundary area, unless waived
by the Administrator.
c. Copy of Notice: The applicant shall provide staff with a copy of the
notice provided to the Washington State Department of Services for the Blind.
d. Device Identification: Personal delivery devices shall be clearly
marked with a unique identification number for the device and phone number and
AGENDA ITEM # 7. b)
email contact information for the operator and the operator shall actively monitor
the phone number and email while any unit is deployed, including while a unit is
missing, malfunctioned, stuck, or stolen.
e. Parking: The device dispenser and the parking of any associated
delivery vehicles shall not render the host site nonconforming unless an
alternative parking plan has been approved.
f. No right of Action: No right of action shall lie against the City, its
agents, officers, employees, or volunteers for damage, replacement, or repairs to
personal delivery device as a result of actions reasonably taken to prevent or cure
immediate risks to the public health, safety or welfare or to the environment.
Such action may include, but is not limited to, a personal delivery device that must
be disabled, blocked or de-activated to prevent injury, property damage or other
public safety risks.
SECTION VIII. Section 4-11-160, as amended by Ordinance 6095 passed on November 28,
2022 of the Renton Municipal Code is amended as shown below:
PARCEL: A unit of land created specifically for the purpose of tax collection.
PARENT SITE: (This definition for RMC 4-7-090, Unit Lot Subdivision, only.) The
aggregate of all land (irrespective of existing or future unit lots, tracts, or other
distinct properties) within the boundaries of the original lot(s) subject to a unit lot
subdivision within which townhouses exist or are proposed, and the land
underlying the townhouses subdivided so that each townhouse dwelling unit is
located on a unit lot.
AGENDA ITEM # 7. b)
PARK: For purposes of the application of setback requirements for uses regulated
by the provisions of RMC 4-3-010, a “park” is defined as a tract of land provided
by a unit of government to meet the active and/or passive recreational needs of
people.
PARK AND RIDE, DEDICATED: A surface parking lot or structured parking garage
used for parking of vehicles for commuters using any form of transit or
ridesharing. This definition excludes commercial or public surface parking and
commercial or public structured parking garages.
PARK AND RIDE, SHARED-USE: A pre-existing parking lot or structured parking
garage created for purposes other than commuter parking that has specific
numbers of spaces or an entire lot or garage leased to a transit authority to allow
commuters to park their vehicles to use any form of transit or ridesharing. This
definition excludes dedicated park and rides, commercial or public surface
parking, and commercial or public structured parking garage.
PARK, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are
designed for organized activities and sports, although individual and family
activities are also encouraged. Where there are no neighborhood parks, the
community or regional park can serve this function. Larger parks often include one
specific use or feature that makes the park unique. This definition includes but is
not limited to community and regional parks as defined by the City of Renton Parks
Plan, trails for nonmotorized travel, and accessory uses normal and incidental to
parks.
AGENDA ITEM # 7. b)
PARK, NEIGHBORHOOD: A combination playground and park designed primarily
for nonsupervised, nonorganized recreation activities. They are generally small in
size. This definition includes but is not limited to community gardens and other
accessory uses normal and incidental to parks.
PARKING, BICYCLE: An off-street space intended for the use of bicycle storage,
which includes a bicycle rack or similar facility that allows one to lock a bicycle in
place.
PARKING GARAGE, STRUCTURED, COMMERCIAL OR PUBLIC: A building or
structure which may be located above or below ground, with stalls accessed via
interior aisles, and used for temporary storage of motor vehicles. Structured
parking can be a stand-alone use or a part of a building containing other uses. This
definition excludes dedicated park and rides, shared-use park and rides, and
commercial or public surface parking.
PARKING MODULE: A parking area that meets maximum physical dimensions as
delineated in the Urban Center Design Overlay regulations.
PARKING, OFF-SITE: Parking for a particular land use on land separate from the
land on which the use occurs. The use for parking is subject to a lease or other
agreement ensuring the perpetual use of the off-site land for parking.
PARKING SPACE or PARKING STALL: A parking space is any off-street space
intended for the use of temporary vehicular storage for durations of less than
seventy-two (72) hours with ingress and egress to the space easily identifiable.
AGENDA ITEM # 7. b)
Included in this definition are the permanent surface, striping, landscaping and
other features required by RMC 4-4-080.
PARKING, SURFACE, COMMERCIAL OR PUBLIC: Open lots or grounds with at-
grade parking improvements. This definition excludes dedicated park and rides,
shared-use park and rides, and commercial and public structured parking garages.
PARKING, TANDEM: The parking of one motor vehicle behind another, in a space
two (2) car lengths long, but only one car length wide.
PARTY OF RECORD: Party of record means:
1. The permit applicant and the owner of property subject to the land use
decision;
2. The appellant (if different than the permit applicant);
3. The City (if different than the appellant); or
4. Any person who provided a complete name and address (either physical
address or email address) and testified during the open record public hearing,
either verbally or in writing, on the application and/or any person who submitted
written comments during administrative review, excluding persons who have only
signed petitions or mechanically produced form letters.
PARTY OF RECORD: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) All persons, agencies or organizations who have submitted
written comments in response to a notice of application prior to the close of the
public hearing or during the administrative review; made oral comments in a
formal public hearing conducted on the application; or notified local government
AGENDA ITEM # 7. b)
of their desire to receive a copy of the final decision on a permit and who have
provided an address for delivery (either physical address or email address) of such
notice by mail.
PASSIVE RECREATION: See RECREATION, PASSIVE.
PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or
asphalt underlain by a subgrade of crushed rock.
PAVEMENT WIDTH: Width of paved driving and parking surface, including street
gutters as measured from face of curb to face of curb, or from edge of pavement
where there are no curbs.
PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of
discharge, determined from the design storm frequency.
PEDESTRIAN CORRIDORS: Areas designated in the Comprehensive Plan as
primary routes for pedestrian use to connect sub-areas of the City or regional trail
systems, and to provide access to public facilities.
PEDESTRIAN-ORIENTED DEVELOPMENT/STREET: Development on a pedestrian-
oriented street is encouraged through master planning, building location and
design guidelines and typically meets the following criteria: 1) buildings in scale
with the street, one to two (2) stories along residential/minor collectors and three
(3) or more stories along primary and secondary arterials, 2) buildings located
close to the street/walkway, 3) at least one pedestrian entry oriented to the
street, and 4) clearly identified sidewalks and/or grade separated walkways.
AGENDA ITEM # 7. b)
PEDESTRIAN-ORIENTED FACADE: Facades featuring characteristics that make
them attractive to pedestrians, including transparent window area or window
displays along the ground floor facade, primary building entry, and overhead
weather protection along at least seventy five percent (75%) of the facade.
PEDESTRIAN-ORIENTED SPACE: A publicly accessible space that includes
elements such as visual and pedestrian access to abutting structures, paved
walking surfaces of either concrete or unit paving, on-site or building-mounted
lighting, and public seating areas.
PEDESTRIAN-ORIENTED STREET: See STREET, PEDESTRIAN-ORIENTED.
PEDESTRIAN-ORIENTED USE: Businesses typically frequented by and conveniently
located for use by pedestrians.
PERENNIAL: Waters which flow continuously.
PERFORMANCE BOND OR GUARANTEE: That security which may be accepted in
lieu of a requirement that certain improvements be made before approval of the
final plat, including performance bonds, escrow agreements, and other similar
collateral or surety agreements.
PERMANENT SUPPORTIVE HOUSING: Consistent with RCW 36.70A.030,
subsidized, leased dwelling units with no limit on length of stay that prioritizes
people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical
for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing
AGENDA ITEM # 7. b)
is paired with on-site or off-site voluntary services designed to support a person
living with a complex and disabling behavioral health or physical health condition
who was experiencing homelessness or was at imminent risk of homelessness
prior to moving into housing to retain their housing and be a successful tenant in
a housing arrangement, improve the resident's health status, and connect the
resident of the housing with community-based health care, treatment, or
employment services. Permanent supportive housing is subject to all of the rights
and responsibilities defined in Chapter 59.18 RCW.
PERMIT, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) Any substantial development, variance, conditional use
permit, or revision authorized under chapter 90.58 RCW.
PERMITTED USES: See USES, PERMITTED.
PERSON: Any person, individual, public or private corporation, firm, association,
joint venture, partnership, municipality, government agency, political subdivision,
public officer, owner, lessee, tenant, other legal entity, or any other entity
whatsoever or any combination of such, jointly or severally.
PERSONAL DELIVERY DEVICE: Consistent with RCW 46.75.010, a “personal
delivery device” means an electrically powered device to which all of the following
apply:
1. The device is intended primarily to transport property on sidewalks and
crosswalks;
AGENDA ITEM # 7. b)
2. The device weighs less than one hundred twenty (120) pounds, excluding
any property being carried in the device;
3. The device will operate at a maximum speed of six (6) miles per hour; and
4. The device is equipped with automated driving technology, including
software and hardware, enabling the operation of the device, with the support
and supervision of a remote personal delivery device operator.
PERSONAL DELIVERY DEVICE DISPENSER: Any structure that provides personal
delivery device storage and device charging.
PERSONAL DELIVERY DEVICE OPERATOR: Consistent with RCW 46.75.010, a
"personal delivery device operator" means an employee or agent of an eligible
entity who has the capability to control or monitor the navigation and operation
of a personal delivery device. "Personal delivery device operator" does not
include:
1. With respect to a delivery or other service rendered by a personal
delivery device, the person who requests the delivery or service; or
2. A person who only arranges for and dispatches a personal delivery
device for a delivery or other service.
PERVIOUS SURFACE: Any surface material that allows stormwater to infiltrate into
the ground. Examples include lawn, landscape, pasture, and native vegetation
areas. Note for purposes of Surface Water Design Manual (RMC 4-6-030)
threshold determination and runoff volume modeling for detention and
treatment, vegetated roofs and permeable pavements are to be considered
AGENDA ITEM # 7. b)
impervious surfaces along with lawns, landscaping, sports fields, golf courses, and
other areas that have modified runoff characteristics resulting from the addition
of underdrains.
PET DAY CARE: A commercial facility where four (4) or more dogs or other
household pet animals are left by their owners for periods of supervision during
the hours the facility is open to the public (i.e., business hours).
PETS, HOUSEHOLD: Animals that are generally kept as part of a household and for
the purpose of companionship. These animals are to include: dogs, cats, rabbits,
caged indoor birds, small rodents, nonvenomous reptiles and amphibians
weighing less than ten (10) pounds, and others of similar size and characteristics
as approved by the Planning Director.
PIER: A general term including docks and similar structures consisting of a fixed or
floating platform extending from the shore over the water. This definition does
not include overwater trails.
PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves,
manholes, sumps, and appurtenances that are in contact with the substance being
transported) utilized for the conveyance of hazardous materials. Pipelines include,
but are not limited to, sanitary sewers, side sewers, storm sewers, leachate
pipelines, and product pipelines.
PLANNED UNIT DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline
Master Program Regulations, use only.) Special contractual agreement between
the developer and a governmental body governing development of land.
AGENDA ITEM # 7. b)
PLANNED URBAN DEVELOPMENT (PUD): Any development approved and
developed in accordance with the terms of RMC 4-9-150, including a subdivision
of such land, which development may occur at one time or in phases.
PLANNING COMMISSION: That body as defined in chapters 35.63, 35A.63,
or 36.70 RCW as designated by the legislative body to perform a planning function
or that body assigned such duties and responsibilities under a city or county
charter.
PLANNING DIRECTOR: The individual under the direction of the Community and
Economic Development Administrator who plans, organizes, coordinates and
directs the City’s Planning Division, including the development and adoption of
the City’s Comprehensive Plan, zoning, and development regulations, or designee.
Additionally, the Planning Director is responsible for application and enforcement
of the City’s zoning, shoreline management, and environmental ordinances,
review and processing of all land use subdivision permit applications.
PLANT ASSOCIATIONS OF INFREQUENT OCCURRENCE: One or more plant species
in a landform type that, because of the rarity of the habitat or the species involved,
or both, or for other botanical or environmental reasons, do not often occur in
King County.
PLANTING STRIP: That part of a street right-of-way between the abutting property
line and the curb or traveled portion of the street, exclusive of any sidewalk.
PLAT: A map or representation of a subdivision, showing thereon the division of a
parcel of land into lots, blocks, streets, and alleys or other division and ded ications.
AGENDA ITEM # 7. b)
PLAT, FINAL: The final drawing of a subdivision and dedication prepared for filing
for record with the County Auditor and containing all elements and requirements
set forth in this Title and chapter 58.17 RCW.
PLAT, PRELIMINARY: A drawing of a proposed subdivision of land into ten (10) or
more individual lots showing the general layout of streets and alleys, lots, blocks,
and other elements of a subdivision consistent with the requirements of the City
subdivision regulations and chapter 58.17 RCW. The preliminary plat shall be the
basis for the approval or disapproval of the general layout of a subdivision.
PLAT, SHORT: The division or redivision of land into nine (9) or fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership.
POTABLE WATER: See RMC 4-6-100.
POTENTIAL ANNEXATION AREAS: Areas within the Urban Growth Area that have
been designated for annexation to the City within the twenty (20) year planning
horizon by agreement with King County as required by the Countywide Planning
Policies and the Growth Management Act.
POTW: See RMC 4-6-100.
PREAPPLICATION MEETING: A conference held with a project applicant and City
representative(s) in advance of the proposed land use project application. During
the conference, the City representative(s) inform the applicant of applicable
policies, plans, and requirements as they apply to the proposed development
project.
AGENDA ITEM # 7. b)
PRELIMINARY APPROVAL: The official favorable action taken on the preliminary
plat of a proposed subdivision, metes and bounds description, or dedication, by
the Hearing Examiner following a duly advertised public hearing.
PRELIMINARY PLAT: See PLAT, PRELIMINARY.
PRESCHOOL: Nursery schools or kindergartens which are engaged primarily in
educational work with children and in which no child is enrolled on a regular basis
for more than four (4) hours per day.
PRESSURE VACUUM BREAKER: See RMC 4-6-100.
PRIMARY CONTAINMENT: See RMC 4-5-120G.
PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern
as identified by the Washington State Department of Wildlife Priority Habitat and
Species Program. “Priority habitats” are habitat types with unique or significant
value to many species. An area classified and mapped as priority habitat must have
one or more of the following attributes:
1. Comparatively high fish and wildlife density.
2. Comparatively high fish and wildlife species diversity.
3. Important fish and wildlife breeding habitat.
4. Important fish and wildlife seasonal ranges.
5. Important fish and wildlife movement corridors.
6. Limited availability.
7. High vulnerability to habitat alteration.
8. Unique or dependent species.
AGENDA ITEM # 7. b)
“Priority species” are fish and wildlife species requiring protective measures
and/or management guidelines to ensure their perpetuation.
PRIVATE CLUB, FRATERNAL ORGANIZATION: An association of persons organized
for some common purpose, including civic, professional, social, trade, fraternal,
and other similar organizations, but not including groups organized primarily to
render a service which is customarily carried on as a business. This definition
excludes smoking lounges.
PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for
firefighting purposes with restrictions as to use . The location may be such that it
is not readily accessible for immediate use by the fire authority for other than
certain private property.
PRODUCT TIGHT: See RMC 4-5-120G.
PROJECTION: The distance by which a sign extends over public property or beyond
the building line.
PROPERTY OWNERS’ ASSOCIATION: See HOMEOWNERS’ ASSOCIATION.
PROPONENT: See APPLICANT.
PUBLIC ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A means of physical approach to and along the shoreline
available to the general public. This may also include visual approach.
PUBLIC AQUATIC LANDS: Land managed by the Washington State Department of
Natural Resources (DNR) located inside the designated inner harbor line.
AGENDA ITEM # 7. b)
PUBLIC FACILITIES: Publicly owned, operated, or leased land and the public
facilities and/or uses contained therein, such as streets, roads, highways,
sidewalks, street lighting systems, traffic signals, domestic water systems, storm
and sanitary sewer systems, park and recreation facilities, schools, and public
buildings. Public facilities do not include private structures or uses located on or
utilizing public land or facilities (e.g., privately owned and operated Wireless
Telecommunication Facility located on leased public land).
PUBLIC INTEREST: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) The interest shared by the citizens of the State or
community at large in the affairs of government, or some interest by which their
rights or liabilities are affected including, but not limited to, an effect on public
property or on health, safety, or general welfare resulting from a use or
development.
PUBLICLY OWNED TREATMENT WORKS: See RMC 4-6-100.
PUBLIC WORKS ADMINISTRATOR: The Administrator of the Public Works
Department or designee.
SECTION IX. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, r ules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ord inance.
AGENDA ITEM # 7. b)
SECTION X. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION XI. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED:2245: 11.15.22
AGENDA ITEM # 7. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-7-230.A, 4-7-230.B, 4-7-230.C, 4-7-230.D, AND 4-7-230.M, AND
SECTION 4-9-040 OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE
ADMINISTRATOR AS THE AUTHORITY FOR CONDOMINIUM CONVERSIONS AND
REQUIRING APPROVAL OF CONDOMINIUM PROPOSALS PRIOR TO RECORDING
WITH KING COUNTY, AUTHORIZING CORRECTIONS, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the purpose of the proposed code amendments is to revise RMC 4-7-230
Binding Site Plans and RMC 4-9-040, Condominium Conversions, to ensure that all condominium
proposals are approved by the City prior to recording with King County; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
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SECTION II. Subsections 4-7-230.A, 4-7-230.B, 4-7-230.C, 4-7-230.D, and 4-7-230.M of
the Renton Municipal Code are amended as shown below. All other provisions in 4-7-230 remain
in effect and unchanged.
A. PURPOSE AND INTENT:
The purpose of this Section is to allow for:
1. Optional Methods of Subdivision: To provide an optional process for
the division of land classified for industrial, commercial, or mixed use zones CN,
CV, CA, CD, CO, COR, UC-1, UC-2, IL, IM, and IH through a binding site plan as
authorized in chapters 58.17 and 64.34 RCW. This method may be employed as
an alternative to the subdivision and short subdivision procedures in this Chapter.
2. Alternative Ownership Options or Alternative Standards: To allow for
alternative ownership options and/or the ability to modify development
standards that are otherwise required by the binding site plan process by allowing
binding site plan application with a commercial condominium process pursuant to
chapter 64.34 RCW, and/or planned urban development process pursuant to RMC
4-9-150.
3. Procedural Requirements: To specify the administrative requirements
for the review and approval of binding site plans that are in addition to the
procedural requirements of chapter 4-8 RMC and other applicable provisions of
the City development regulations.
B. APPLICABILITY:
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1. All proposals for binding site plans shall be subject to the provisions of
this Section. A binding site plan may be processed in one of three ways:
a. Standard Binding Site Plan: A standard binding site plan creates or
alters existing lot lines, subject to the development standards of the underlying
zoning district.
b. Commercial Condominium with Binding Site Plan: Where the
development standards of the underlying zoning district cannot be achieved
through a binding site plan, a A binding site plan with condominium ownerships
allow for greater flexibility in the sale and lease of commercial, and industrial, and
mixed use sites. This alternative allows the site in question to be treated as a single
lot when applying the development standard for the underlying zone.
c. Planned Urban Development with Binding Site Plan: Where the
development standards of the underlying zoning district cannot be achieved
through a binding site plan, a binding site plan merged with a planned urban
development allows for greater flexibility in the lot and infrastructure layout and
development of the binding site plan provided planned urban development
criteria are met including provision of a public benefit.
2. A binding site plan may be reviewed and approved:
a. As a separate mechanism for the division of commercial and
industrial land;
b. Merged with a site plan review under RMC 4-9-200, development
agreement under the authority of RCW 36.70B.170, or both a site plan and
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development agreement per the criteria listed in this Section. A development
agreement may include standards and decision criteria that apply to a binding site
plan application in lieu of the standards and criteria contained in this Section. Per
RCW 36.70B.170 through 36.70B.210, a development agreement shall not be
more permissive than the development standards of the underlying zoning district
or other applicable development standards.
c. Merged with a planned urban development per RMC 4-9-150.
d. Independently for pre-existing developed sites, concurrent with or
subsequent to a site development permit application for undeveloped land, or
concurrent with or subsequent to a building permit application.
C. APPROVAL CRITERIA:
Approval of a binding site plan or a commercial condominium site shall take
place only after the following criteria are met:
1. Legal Lots: The site that is subject to the binding site plan shall consist
of one or more contiguous, legally created lots. Lots, parcels, or tracts created
through the binding site plan procedure shall be legal lots of record. The number
of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots
allowed in the applicable zoning district. New nonconforming lots shall not be
created through the binding site plan process.
2. If minimum lot dimensions and building setbacks for each newly
created lot cannot be met, the binding site plan shall be processed as a
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commercial condominium site per subsection D of this Section or merged with a
planned urban development application per RMC 4-9-150.
3. Commercial or Industrial Property: The site is located within a
commercial, industrial, or mixed-use zone.
4. Zoning Code Requirements: Individual lots created through the
binding site plan shall comply with all of the zoning code requirements and
development standards of the underlying zoning district. Where minimum lot
dimensions or setbacks cannot be met, the binding site plan shall be processed as
a commercial condominium site per RMC 4-7-230D.
a. New Construction: The site shall be in conformance with the
zoning code requirements and development standards of the underlying zoning
district at the time the application is submitted.
b. Existing Development: If the site is nonconforming prior to a
binding site plan application, the site shall be brought into conformance with the
development standards of the underlying zoning district at the time the
application is submitted. In situations where the site cannot be brought into
conformance due to physical limitations or other circumstances, the binding site
plan shall not make the site more nonconforming than at the time a completed
application is submitted.
c. Under either new construction or existing development, applicants
for binding site plan may proposed shared signage, parking, and access if they are
specifically authorized per RMC 4-4-080E3, 4-4-080I7, and 4-4-100E5, and other
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shared improvements as authorized in other sections of the City’s development
standards.
5. Building Code Requirements: All building code requirements have
been met per RMC 4-5-010.
6. Infrastructure Provisions: Adequate provisions, either on the face of
the binding site plan or in a supporting document, have been made for
drainageways, alleys, streets, other public ways, water supplies, open space, solid
waste, and sanitary wastes, for the entire property covered by the binding site
plan.
7. Access to Public Rights-of-Way and Utilities: Each parcel created by
the binding site plan shall have access to a public street, water supply, sanitary
sewer, and utilities by means of direct access or access easement approved by the
City.
8. Shared Conditions: The Administrator may authorize sharing of open
space, parking, access, signage and other improvements among contiguous
properties subject to the binding site plan and the provisions of RMC 4-4-080. E3,
4-4-080I7, and 4-4-100E5. Conditions of use, maintenance, and restrictions on
redevelopment of shared open space, parking, access, signage and other
improvements shall be identified on the binding site plan and enforced by
covenants, easements or other similar properly recorded mechanism.
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9. Future Development: The binding site plan shall contain a provision
requiring that any subsequent development of the site shall be in conformance
with the approved and recorded binding site plan.
10. Dedication Statement: Where lands are required or proposed for
dedication, the applicant shall provide a dedication statement and
acknowledgement on the binding site plan.
11. Suitable Physical Characteristics: A proposed binding site plan may be
denied because of flood, inundation, or wetland conditions, or construction of
protective improvements may be required as condition of approval.
D. ADDITIONAL CRITERIA FOR BINDING SITE PLANS PROPOSING
COMMERCIAL CONDOMINIUM SITES OR MERGING WITH PLANNED URBAN
DEVELOPMENT APPLICATION:
1. Condominium – Applicability: Where subdivision of a commercial or
industrial site will result in individual lots which cannot meet the development
standards of the underlying zoning district, the The condominium option allows
for the conversion of lease space or dwelling units to condominiums without
further subdivision of land. These standards are in addition to the requirements
of subsection C of this Section.
2. Condominium – Approval: Condominium developments are eligible
for binding site plan approval, when the purpose of such approval is to divide the
property so that the parcel or tract, or a portion thereof, can be subject to chapter
64.34 RCW (Condominium Act). A condominium can only be recorded either when
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the development has already been constructed to City standards established
through a binding site plan or a building permit for new development has been
issued. Binding site plans for condominiums sites shall be in conformance with
chapter 64.34 RCW and RMC 4-9-040. The binding site plan shall also include
conditions requiring that the condominium is recorded per the provisions of
chapter 64.34 RCW.
a. Administrator Approval: Condominium recording documents must
be submitted to confirm compliance with City requirements before they are filed
with King County. If the proposed condominium conversion is found to comply
with the standards and requirements of this Section and development regulations
of this Title, then it shall be approved.
b. Approval with Modifications: If modification(s) to the
condominium recording documents are deemed necessary, then they may be
added to the condominium recording documents or a revised set of documents
may be required. The applicant shall be notified of any required modifications.
c. Referral to the Hearing Examiner: If the Administrator determines
that there are sufficient concerns regarding the condominium conversion to
warrant a public hearing, then he/she shall refer the condominium conversion to
the Hearing Examiner for public hearing and decision by the Hearing Examiner.
Notice of the public hearing will be given as for a Type III permit hearing.
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d. Denial: If the condominium conversion proposal is denied, the
applicant shall be notified in writing of the decision, stating the reasons for the
denial of the application.
e. Reconsideration: See RMC 4-8-100, Application and Decision –
General.
3. Planned Urban Development: To allow for the ability to modify
development standards that are otherwise required by the binding site plan
process, a binding site plan application may be merged with a planned urban
development application pursuant to RMC 4-9-150.
. . .
M. SURVEY AND RECORDING:
Prior to recording, the approved binding site plan shall be surveyed and the
final recording forms shall be prepared by a professional land surveyor, licensed
in the State of Washington. In addition to the requirements of RMC 4-8-120C,
surveys shall include those items prescribed by RCW 58.09.060, Records of survey,
contents – Record of corner, information.
1. Administrator Approval: The binding site plan must be signed by the
Administrator before it is filed. The final approved binding site plan shall remain
with the City until such time as the applicant requests that the binding site plan
be recorded.
2. Filing by City Clerk: The approved binding site plan and associated
recording documents will be sent to the City Clerk by the Department when the
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binding site plan is final and all prerequisites to filing have been completed. The
binding site plan shall be filed by the City Clerk for record in the office of the King
County Auditor and shall not be deemed approved until so filed.
SECTION III. Section 4-9-040 of the Renton Municipal Code is amended as follows:
A. PURPOSE: (Reserved)
B. AUTHORITY:
The Building Official Administrator is charged with the administration and
enforcement of this Section and is authorized and directed to adopt, promulgate,
amend, and rescind administrative rules consistent with the provisions of this
Section and necessary to carry out the duties of the Building Official Administrator
hereunder. Provide language to be incorporated into condominium conversion
proposals, including but not limited to: Declaration of Covenants Conditions and
Restrictions (CC&Rs), Articles of Incorporation, and Homeowners Association
Bylaws, prior to recording with King County.
C. APPLICABILITY TO CONVERSION OF RENTAL UNITS TO CONDOMINIUMS
AND COOPERATIVES:
This Section shall apply only to the conversion and sale of rental units attached
dwelling units that have not yet been converted to condominium or cooperative
units, and to those dwelling units in converted buildings that are not subject to a
binding purchase commitment. or have not been sold on the effective date of this
Section (10-24-1979)
AGENDA ITEM # 7. c)
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1. Exemptions: This Section shall not apply to condominium or cooperative
units that are vacant on October 24, 1979, and which have been offered for sale
prior to that date; provided, that any tenant who takes possession of the unit after
October 24, 1979, shall be provided the disclosures required by subsection E of
this Section and shall be entitled to the benefits of that Section if the required
disclosures are not given.
D. APPLICABILITY TO TENANTS OCCUPYING RENTAL UNITS:
This Section shall apply only to those tenants and subtenants who occupy
rental units in attached dwellings that are proposed to be converted buildings into
condominium units at the time the notices, offers, and disclosures provided by
this Section are required to be delivered. This Section shall not apply to tenants
who take possession of a unit vacated by a tenant who has received the notices
and other benefits provided by this Section; provided, that developers shall
disclose in writing to all tenants who take possession after service of the notice
required by subsection E of this Section, that the unit has been sold or will be
offered for sale as a condominium or cooperative. This disclosure shall be made
prior to the execution of any written rental agreement or prior to the tenant’s
taking possession, whichever occurs earlier. A developer’s failure to disclose,
within the time specified above, that the unit has been sold or offered for sale
shall entitle the tenant to all the protections and benefits of this Section.
E. TENANT PROTECTIONS:
AGENDA ITEM # 7. c)
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1. Notice to Tenants of Filing of Conversion Declaration: Within seven
(7) days of the filing of a condominium conversion declaration as provided by the
Horizontal Property Regimes Act (chapter 64.32 RCW) the developer shall:
a. Send to each tenant in the converted building, by registered or
certified mail, return receipt requested, written notice of the filing. A tenant’s
refusal to accept delivery shall be deemed adequate service.
b. File notice of the filing of such declaration with the City Clerk, giving
the date of filing, file or recording number, office where filed, location and address
of the structure and number of dwelling units contained within the structure, and
the name, address and phone numbers of the owner(s), managers and persons
responsible for the management of the structure.
2. Notice to All Tenants Prior to Offering Any Unit for Sale to the Public
as a Condominium or Cooperative Unit: At least one hundred twenty (120) days
prior to offering any rental unit or units for sale to the public as a condominium
unit or cooperative unit, the developer shall deliver to each tenant in the building
written notice of his intention to sell the unit or units. The notice shall specify the
individual units to be sold and the sale price of each unit. This notice shall be in
addition to and not in lieu of the notices required for eviction by
chapters 59.12 and 59.18 RCW and shall be delivered as provided in subsection
E1a of this Section. With the notice the developer shall also deliver to the tenant
a statement, in a format to be provided by the Building Official Administrator, of
the tenant’s rights under this Section.
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3. Purchase Rights of Tenant in Possession: With the notice provided in
this subsection, the developer shall deliver to each tenant whose unit is to be
offered for sale a firm offer of sale of the unit that the tenant occupies. In the
event that more than one tenant occupies a single unit, the developer shall deliver
the offer to all tenants jointly or separately. For one hundred twenty (120) days
from the date of delivery of the offer the tenant shall have the exclusive right to
purchase his or her unit on the terms offered.
4. Purchase Rights of Tenants Whose Units are Offered for Sale Prior to
Effective Date of Section: Tenants of rental units which were offered for sale as
condominium or cooperative units prior to the effective date of this Section but
for which offers there have been no acceptances shall be entitled to the rights and
benefits of this Section except that those rights provided by subsection E6 of this
Section shall terminate sixty (60) days from the offer of sale of the unit to the
tenant.
54. Subtenant’s Purchase Rights: Should a tenant reject an offer of sale,
the subtenant in possession at the time the notice provided in this subsection is
delivered shall be offered the unit on the same terms as those offered the tenant.
For thirty (30) days following that offer or until the expiration of the tenant’s one
hundred twenty (120) day option period as provided in this subsection, whichever
occurs later, the subtenant shall have the exclusive right to purchase the unit on
the terms offered to the tenant.
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65. Rights of Tenants in Converted Buildings to Purchase Other Units in
the Buildings: Should both the tenant and subtenant reject the offer of sale or fail
to notify of the acceptance of the offer within the time periods set forth in
subsections E3 and E45 of this Section or vacate, the unit shall be made available
for purchase to other tenants and subtenants in the building. The right to purchase
another unit in the building by tenants and subtenants shall extend to the end of
the one hundred twenty (120) day notice period provided the tenant is in
possession of that unit under subsection E3 of this Section. Whenever all tenants
and subtenants in a building have indicated in writing their intention not to
purchase a unit or the one hundred twenty (120) day notice period has expired
and that unit is or becomes vacant then the developer may offer for sale and sell
the unit to the public.
76. No Subsequent Sale on Better Terms: For a period of one year
following the date of the offers provided in subsections E3, E45 and E56 of this
Section, no offer shall be extended by the developer on terms more favorable in
any respect than the offer previously extended to the tenant and/or subtenant
unless the more favorable offer is first extended to the tenant and/or subtenant
as required by subsections E3, E45 and E56 for a period of not less than thirty (30)
days.
87. Evictions Only for Good Cause During Notice Period: No condominium
or cooperative unit shall be sold or offered for public sale if, in the one hundred
twenty (120) day period immediately preceding the sale or offer for public sale,
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any tenant has been evicted without good cause. For the purposes of this Section
good cause shall mean:
(1) a. failure to pay rent after service of a three (3) day notice to pay
rent or vacate as provided in RCW 59.12.030(3);
(2) b. failure to comply with a term or terms of the tenancy after
service of a ten (10) day notice to comply or vacate as provided in
RCW 59.12.030(4); and
(3) c. the commission or permission of a waste or the maintenance
of a nuisance on the premises and failure to vacate after service of a three (3) day
notice as provided in RCW 59.12.030(5).
98. Tenant’s Right to Vacate: Tenants who receive one hundred twenty
(120) day notices of sale may terminate their tenancies at any time during such
period in the manner provided by RCW 59.18.200 and 59.18.220, but will forfeit
all rights to purchase a unit.
F. CONSUMER PROTECTIONS:
1. Mandatory Housing Code Inspection and Repair – Notice to Buyers and
Tenants: Prior to delivery of the one- hundred- twenty (120) day notice described
in subsection E2 of this Section, developers shall, at their expense, request an
inspection of the entire building by the Building Official and Fire Marshal for
compliance with applicable building the housing and fire codes. The inspection
shall be completed within forty-five (45) days of a developer’s request unless the
developer fails to provide or refuses access to Building and/or Fire personnel. The
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developer shall be required to install an approved fire alarm and smoke detector
system in accordance with chapter 4-5 RMC. The installation of the fire alarm
system and all violations of the Housing Code International Building Code (IBC)
revealed by the inspection must be completed and corrected at least seven (7)
days prior to the closing of the sale of the first unit or by the compliance date on
the inspection report, whichever is sooner. A follow-up inspection for compliance
shall be completed within seven (7) days of the developer’s request. A copy of the
building inspection report and certification of repairs shall be provided by the
developer to each prospective purchaser at least three (3) days before the signing
of an earnest money agreement or other binding purchase commitment. Copies
of the inspection report shall be delivered to tenants in the converted building by
the developer with the notice of sale as provided in subsection E2 of this Section.
An inspection fee as stipulated in the City of Renton Fee Schedule RMC 4-1-140I
shall be paid by the developer whenever an inspection is requested as required
herein.
2. Certification of Repairs: For the protection of the general public, the
Building Official shall inspect the repairs of defective conditions identified in the
inspection report and certify that the violations have been corrected. The
certification shall state that only those defects discovered by the Housing
International Building Code inspection and listed on the inspection report have
been corrected and that the certification does not guarantee that all Housing Code
violations have been corrected. Prior to the acceptance of any offer, the developer
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shall deliver a copy of the certificate to the purchaser. No developer, however,
shall use the Building Official’s certification in any advertising for the purpose of
inducing a person to purchase a condominium or cooperative unit.
3. Disclosure Requirements: In addition to the disclosures required by
previous sections, the developer shall make available at a place on the premises
convenient to the tenants during normal working hours the following information
to prospective purchasers at least three (3) days before any purchase commitment
is signed, or, in the case of existing tenants, with the one hundred twenty (120)
day notice provided in subsection E2 of this Section:
a. (1) Ccopies of all documents filed with any governmental agency
pursuant to the Horizontal Property Regimes Act (chapter 64.32 RCW); and
b. (2) aAn itemization of the specific repairs and improvements made
to the entire building during the six (6) months immediately preceding the offer
for sale; and
c. (3) aAn itemization of the repairs and improvements to be
completed before close of sale; and
d. (4) aA statement of the services and expenses which are being paid
for by the developer but which will in the future be terminated, or transferred to
the purchaser, or transferred to the owners’ association; and
e. (5) aAn accurate estimate of the useful life of the building’s major
components and mechanical systems (foundation, exterior walls, exterior wall
coverings other than paint or similar protective coating, exterior stairs, floors and
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floor supports, carpeting in common areas, roof cover, chimneys, plumbing
system, heating system, water heating appliances, mechanical ventilation system,
and elevator equipment) and an estimate of the cost of repairing any component
whose useful life will terminate in less than five (5) years from the date of this
disclosure. For each system and component whose expected life cannot be
accurately estimated, the developer shall provide a detailed description of its
present condition and an explanation of why no estimate is possible. In addition,
the developer shall provide an itemized statement in budget form of the monthly
costs of owning the unit that the purchaser intends to buy. The itemization shall
include but shall not be limited to:
i. (a) payments on purchase load;
ii. (b) taxes;
iii. (c) insurance;
iv. (d) utilities (which shall be listed individually);
v. (e) homeowner’s assessments;
vi. (f) the projected monthly assessment needed for replacing
building components and systems whose life expectancy is less than five (5) years;
and
vii. (g) a statement of the budget assumptions concerning
occupancy and inflation factors.
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4. Warranty of Repairs – Set Aside for Repairs: Each developer shall
warrant for one year from the date of completion all improvements and repairs
disclosed pursuant to subsection E3 of this Section.
5. Unlawful Representations: It shall be unlawful for any developer, agent
or person to make or cause to be made in any disclosure or other document
required by this Section any statement or representation that is knowingly false
or misleading. It shall also be unlawful for any developer, agent or other person to
make, or cause to be made, to any prospective purchaser, including a tenant, any
oral representation which differs from the statements made in the disclosures and
other documents required to be provided tenants and purchasers by this Section.
6. Purchaser’s Right to Rescind: Any purchaser who does not receive the
notices, disclosures and documents required by this Section may, at any time prior
to closing of the sale, rescind, in writing, any binding purchase agreement without
any liability on the purchaser’s part and the purchaser shall thereupon be entitled
to the return of any deposits made on account of this agreement.
7. Delivery of Notice and Other Documents: Unless otherwise provided,
all notices, contracts, disclosures, documents and other writings required by this
Section shall be delivered by registered or certified mail, return receipt requested.
The refusal of registered or certified mail by the addressee shall be considered
adequate delivery. All documents shall be delivered to tenants at the address
specified on the lease or rental agreement between the tenant and the developer
or landlord. If there is no written lease or rental agreement then documents shall
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be delivered to the tenants’ address at the converted building or the last known
address of the tenant, if other than the address at the converted building. In any
sublet unit all documents shall be delivered to the tenant at his current address,
if known, and to the subtenant in possession. If the tenant’s current address is
unknown, then two (2) copies of all documents shall be delivered to the
subtenant, one addressed to the tenant and the other addressed to the subtenant.
Delivery of the one hundred twenty (120) day notice of intention to sell required
by subsection E2 of this Section, the developer’s offer to sell, and all disclosure
documents shall be delivered to the tenants in a converted building at a meeting
between the developer and the tenants. The meeting shall be arranged by the
developer at a time and place convenient to the tenants. At the meeting the
developer shall discuss with the tenants the effect that the conversion will have
upon the tenants. Should any tenant refuse to acknowledge acceptance of the
notice, offer and disclosures, the developer shall deliver the documents in the
manner prescribed in this subsection.
8. Acceptance of Offers: Acceptance by tenants or other beneficiaries of
offers provided pursuant to this Section shall be in writing and delivered to the
developer by registered or certified mail, return receipt requested, postmarked
on or before the expiration date of the offer.
G. COMPLAINTS:
Any person subjected to any unlawful practice as set forth in this Section may
file a complaint in writing with the Building Official Department. The Building
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
21
Official Development Services Division is hereby authorized and directed to
receive complaints and conduct such investigations as are deemed necessary.
Whenever it is determined that there has been a violation of this Section, the
Building Official Development Services Division is authorized to send written
notice of said violation to the person responsible for the violation. If, within ten
(10) days of said notice, the responsible person makes written request for
reconciliation, the applicable department director is authorized to attempt to
conciliate the matter by conference or otherwise and secure a written conciliation
agreement.
H. COUNCIL WAIVER OF REQUIREMENTS: (Reserved)
The City Council is authorized to waive strict compliance with this Section in
specific individual instances where the developer can show with clear, cogent and
convincing evidence that: (1) the financial burden required to comply would
greatly outweigh the benefits and would create an unreasonable hardship upon
the developer; or (2) the units have been offered for sale as condominium units
prior to the effective date of this Section (10-24-1979) and the developer has
incurred significant financial obligations with the intention of meeting such
obligations with the proceeds of the sale of such units, and the provisions of this
Section will prevent meeting such obligation.
I. VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors
subject to RMC 1-3-1.
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
22
SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION V. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
23
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED: 2242: 11.21.22
AGENDA ITEM # 7. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-8-100.C,4-8-120.A, 4-8-120.B, AND 4-8-120.C OF THE RENTON
MUNICIPAL CODE, AMENDING LETTER OF COMPLETENESS REGULATIONS AND
LAND USE PERMIT SUBMITTAL REQUIREMENTS IN ORDER TO IMPROVE PERMIT
SUBMITTAL PACKAGES, AUTHORIZING CORRECTIONS, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City seeks to update the land use permit application submittal
requirements to include additional submittal items for modifications and short plat applications
in order to improve future permit submittal packages; and
WHEREAS, to further improve permit submittal packages, the City also seeks to revise
regulations to ensure that land use applications include project proposals which are reasonably
consistent with development regulations, without project characteristics which would
necessitate major amendments for compliance with code; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on August 12, 2022, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on September 7, 2022,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
AGENDA ITEM # 7. d)
ORDINANCE NO. ________
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-8-100.C of the Renton Municipal Code is amended as follows:
C. LETTER OF COMPLETENESS:
1. Timing: Within twenty-eight (28) days after receipt of an application,
the Department shall provide a written determination that the application is
deemed complete or incomplete according to the submittal requirements as listed
in RMC 4-8-120A, B, or C, and any site-specific information identified after a site
visit. In the absence of a written determination, the application shall be deemed
complete.
2. Authority and Standards for Determination of Complete Land Use
Applications:
a. Application Completeness. The Administrator shall have the
authority to determine if a land use application is complete or incomplete.
b. Complete Submittal Requirements. Any land use application
submitted to the Department shall demonstrate compliance with all applicable
sections of RMC 4-8-120C.
c. Conformity with Renton Municipal Code. Any land use application
submitted to the Department shall demonstrate reasonable conformance with all
AGENDA ITEM # 7. d)
ORDINANCE NO. ________
3
applicable provisions of the RMC. If any land use application is determined by the
Administrator to include uses or characteristics which are prohibited by, or in
violation of, the RMC the Administrator is not obligated to accept the application.
23. Incomplete Applications:
a. Notice of Incomplete Application: If an application is determined
incomplete, the necessary materials for completion shall be specified in writing to
the contact person and property owner.
b. Notice of Complete Application or Request for Additional
Information: Within fourteen (14) days of submittal of the information specified
as necessary to complete an application, the applicant will be notified whether the
application is complete or what additional information is necessary. The maximum
time for resubmittal shall be within ninety (90) days of written notice.
c. Time Extensions: In such circumstances where a project is complex
or conditions exist that require additional time, the Administrator may allow the
applicant, contact person and/or property owner additional time to provide the
requested materials. When granted, extension approvals shall be provided in
writing.
34. Additional Information May Be Requested: A written determination
of completeness does not preclude the Department from requesting
supplemental information or studies, if new information is required to complete
review of an application or if significant changes in the permit application are
AGENDA ITEM # 7. d)
ORDINANCE NO. ________
4
proposed. The Department may set deadlines for the submittal or supplemental
information.
45. Expiration of Complete Land Use Applications: Any land use
application type described in RMC 4-8-080 that has been inactive and an
administrative decision has not been made or has not been reviewed by the
Hearing Examiner in a public hearing shall become null and void six (6) months
after a certified notice is mailed to the applicant, contact person, and property
owner, unless other time limits are prescribed elsewhere in the Renton Municipal
Code or other codes adopted by reference.
56. Extension of Complete Application: A one-time, one-year extension
may be granted if a written extension request is submitted prior to the expiration
date identified in the certified notice and the applicant, contact person, or
property owner(s) has demonstrated due diligence and reasonable reliance
towards project completion. In consideration of due diligence and reasonable
reliance the Administrator shall consider the following:
a. Date of initial application;
b. Time period the applicant had to submit required studies;
c. Availability of necessary information;
d. Potential to provide necessary information within one (1) year;
e. Applicant’s rationale or purpose for delay; and
f. Applicant’s ability to show reliance together with an expectation that
the application would not expire.
AGENDA ITEM # 7. d)
ORDINANCE NO. ________
5
SECTION III. Subsections 4-8-120.A, 4-8-120.B, and 4-8-120.C are amended as shown in
Attachment A. All other provisions in 4-8-120 remain in effect and unchanged.
SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION V. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
AGENDA ITEM # 7. d)
ORDINANCE NO. ________
6
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED: 2248: 11.21.22
AGENDA ITEM # 7. d)
ATTACHMENT A
4-8-120 SUBMITTAL REQUIREMENTS – SPECIFIC TO APPLICATION TYPE:
The following tables list the submittal requirements for each type of permit application or land use approval which must accompany the required application fees specified in RMC 4-1-180 through 4-1-200 and the current City of Renton Fee Schedule. Application materials shall be formatted to meet the City’s current
Electronic File Standards available through the Department or the City’s website.
A. Table 4-8-120A – Public Works Permit Submittal Requirements.
B. Table 4-8-120B – Building Section Permit Submittal Requirements.
C. Table 4-8-120C – Land Use Permit Submittal Requirements.
A. Public Works Permit Submittal Requirements:
TABLE 4-8-120A
PUBLIC WORKS
APPLICATIONS
SUBMITTAL
REQUIREMENTS
TYPE OF
APPLICATION/PERMIT
Civil
Construction
Permit
Franchise
Permit
Revocable
Right-of-
Way
Permit
Discharge
Permit
APA
Operating
Permit
APA
Closure
Permit
Arborist Report X
Biological Assessment/Critical Area
Study X(d)
Closure Permit Application Form X(b)
Civil Construction Permit Application
Form X
Construction Closeout Documents X
Discharge Permit Application X
Civil Construction Plans X
Easement, Proposed X
Franchise Permit Application X
Geotechnical Report X AGENDA ITEM # 7. d)
Hazardous Materials Management
Statement X(b)
Land Use Permit Documents X
Operating Permit Application X
Post Office Approval X
Revocable Right-of-Way Permit
Application X
Source Statement, Fill Material X(b)
Stream or Lake Study X(c)
Technical Information Report X
Wetlands Assessment X(a)
Table 4-8-120A
Legend:
An “X” indicates that the submittal item is required unless waived by the Planning
Division Development Engineering Manager or designee. Waiver of aquifer permit
submittal requirements may be granted by the Public Works Water Utility Section.
(a) Required when wetlands are present on site.
(b) Required when project is located in Zone 1 or 2 of an aquifer protection area.
(c) A standard stream or lake study is required for any application proposal. A supplemental study is
required if an unclassified stream is involved, or if there are proposed alterations of the water body or
buffer.
(d) Only required when project is located in designated floodplain.
Table 4-8-120A Legend: An “X” indicates that the submittal item is required unless waived by the Administrator or designee. Waiver of aquifer permit submittal requirements may be granted by the Public Works Water Utility Section.
Footnotes:
(a) Required when wetlands are present on site.
(b) Required when project is located in Zone 1 or 2 of an aquifer protection area.
(c) A standard stream or lake study is required for any application proposal. A supplemental study is required if an unclassified stream is involved, or if there are proposed alterations of the water body or buffer.
(d) Only required when project is located in designated floodplain. AGENDA ITEM # 7. d)
B. Building Section Permit Submittal Requirements:
TABLE 4-8-120B
BUILDING
APPLICATIONS
SUBMITTAL
REQUIREMENTS
TYPE OF
APPLICATION/PERMIT Demolition Grading/Fill
Manufactured
Home in
Manufactured
Home Park
Manufactured
Home
Outside
of
Manufactured
Home Park
Multi-
Family/Commercial/
Industrial New or
Additions
Commercial/Industrial
Interior Remodel Pool/Spa Sign
Single
Family/Duplex
New
or Additions
Single
Family/Multi-
Family
Interior
Remodel
Applicant Agreement Statement (for
wireless communications facilities
only) X
Application Form, Building Division X X X X X X X X X X
Application Form, Construction Permit X X
Architectural Elevations X X(q)
Architectural Plans,
Commercial/Industrial/Attached
Dwellings 3+ Units X X(n)
Architectural Plans, Detached and 2
Attached Dwellings X X
Biological Assessment/Critical Areas
Study X(s) X(s) X(s) X(s) X(s) X(s) X(s)
Blocking/Anchoring/Skirting Details X
Construction and Materials Diversion X X
Construction Mitigation Description X X
Drainage Plans X X X(h)
Drainage Report X AGENDA ITEM # 7. d)
Electrical Plans X X X(g)
Energy Code Checklist, Nonresidential X(m) X
Energy Code Checklist, Residential X(k) X X(a)
Foundation Plans X X X X
Geotechnical Report X(b) X X(b)
Grading Plan X X
Grading Work Description X X
Hazardous Materials Management
Statement X(o) X(o) X(o) X(o) X(o) X(o) X(o)
Heat Loss Calculation X(c) X(c)
Installer Certification X
Inventory of Existing Sites (for
wireless communications facilities
only) X
Irrigation Sprinkler Plans X
King County Health Department-
Approved Plans X(f) X(f) X(g)
Land Use Permit Conditions,
Approved (if any) X X X X
Landscape Plan, Detailed X X(r)
Lease Agreement, Draft (for wireless
communications facilities only) X
Manufacturer’s Plans X
Mechanical Plans X X
Plumbing Plans X(m) X
Project Information Sheet (includes
legal description) X X X X X(n) X X X
Receipt for Civil Construction Permit
Application X X(h)
Residential Drainage Application X
Roadway Construction Plan X AGENDA ITEM # 7. d)
Screening Detail, Refuse/Recycling X
Service Area Map (for wireless
communications facilities only) X
Side Sewer Capping Permit, Finaled X
Sign Plan X
Site Plan, Commercial, Industrial,
Multi-Family X X
Site Plan, Sign X
Site Plan, Single Family/Duplex X X X(d) X
Source Statement, Fill Material,
Aquifer Protection Areas X(p) X(p) X(p) X(p) X(p) X(p) X(p)
Structural Calculations X X X(e) X(g) X X(i)
Structural Plans X X X(e) X(g) X X(j)
Topography Map (may be combined
with site plan or grading plan) X X X X X
Tree Retention/Land Clearing Plan X X X X(d)
Utilities Construction Plans X X
Water/Sewer Availability Letter X(j)(k) X(j) X(a)(j)
Water Service Disconnect Request
(final) X
WSEC Trade-Off Form X(l)
Table 4-8-120B
Legend:
a. Required for any alteration of exterior of (heated) building envelope.
b. When required for foundations or retaining walls by the IBC.
c. Required for installation of a new furnace or a replacement of greater size.
d. Not required for pools/spas/hot tubs to be installed within an existing building.
e. Required for structural changes only.
f. Required for food service establishments only.
g. Required only for public pools/spas/hot tubs (not required for single family or duplex pools/spas/hot tubs). AGENDA ITEM # 7. d)
h. Required for duplexes only.
i. Required for other than conventional construction.
j. Required only if trade-off option is being used for compliance.
k. For multi-family, one per building.
l. Not required for additions.
m. Not required for multi-family projects.
n. For restaurants and any construction project involving work in the right-of-way, four (4) copies are required.
o. Required only when project is located in an Aquifer Protection Area and (1) construction vehicles will be refueled on site and/or (2) the quantity of hazardous materials that will be
stored, dispensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid reservoirs of construction vehicles, will
exceed twenty (20) gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimis amount is exceeded. Ten (10) pounds
shall be considered equal to one gallon.
p. Required only when project is located in an Aquifer Protection Area.
q. For accessory dwelling units (detached) architectural elevations of the primary dwelling unit are also required.
r. For non-exempted projects: Trees only required for those properties where street trees in the right-of-way have not been planted, except for the RC and R-1 zones, where two
trees shall be planted in the front yard.
s. Only required when project is located in designated floodplain.
An “X” indicates that the submittal item is required unless waived by the Development Services Division.
Table 4-8-120B Legend: An “X” indicates that the submittal item is required unless waived by the Administrator or designee.
Footnotes:
a. Required for any alteration of exterior of (heated) building envelope.
b. When required for foundations or retaining walls by the IBC.
c. Required for installation of a new furnace or a replacement of greater size.
d. Not required for pools/spas/hot tubs to be installed within an existing building.
e. Required for structural changes only.
f. Required for food service establishments only.
g. Required only for public pools/spas/hot tubs (not required for single family or duplex pools/spas/hot tubs).
h. Required for duplexes only. AGENDA ITEM # 7. d)
i. Required for other than conventional construction.
j. Required only if trade-off option is being used for compliance.
k. For multi-family, one per building.
l. Not required for additions.
m. Not required for multi-family projects.
n. For restaurants and any construction project involving work in the right-of-way, four (4) copies are required.
o. Required only when project is located in an Aquifer Protection Area and (1) construction vehicles will be refueled on site and/or (2) the quantity of hazardous materials that will be stored, dispensed, used, and handled on the construction site, exclusive of the quantity of hazardous materials contained in fuel or fluid
reservoirs of construction vehicles, will exceed twenty (20) gallons. Weight of solid hazardous materials will be converted to volumes for purposes of determining whether de minimis amount is exceeded. Ten (10) pounds shall be considered equal to one gallon.
p. Required only when project is located in an Aquifer Protection Area.
q. For accessory dwelling units (detached) architectural elevations of the primary dwelling unit are also required.
r. For non-exempted projects: Trees only required for those properties where street trees in the right-of-way have not been planted, except for the RC and R-1 zones, where two (2) trees shall be planted in the front yard.
s. Only required when project is located in designated floodplain.
C. Land Use Permit Submittal Requirements:
TABLE 4-8-120C
LAND USE
APPLICATIONS
TYPE OF
APPLICATION/PERMIT
Additional
Animals
Permit
Annexation
(10%
Notice of
Intent)
Annexation
(60%
Petition)
Appeal
Business
License for
Home
Occupation1
Comp. Plan Map
Amendment/Rezone
Comp. Plan
Map Text
Amendment
Conditional Use
Permit
(Administrative)
Conditional
Use Permit
(Hearing
Examiner)
Critical
Area
Permit
Environmental
Review
Environmental
Review
(Nonproject)
Grade
and Fill
Permit
(Special)
Lot Line
Adjustment
Master
Site Plan
(Overall)
Master
Site Plan
(Individual
Phases)
Mobile
Home
Park,
Preliminary
Mobile
Home
Park,
Final
Modification/Alternate
Request
Plat,
Final
Plat,
Preliminary/Binding
Site Plan
PUD,
Preliminary
PUD,
Final
Rezone
Routine
Vegetation
Management
Permit
Shoreline
Exemption
Shoreline
Substantial
Development
Permit
Shoreline
Conditional
Use Permit
Shoreline
Variance
Short Plat,
Preliminary
Short Plat,
Final/Binding
Site Plan
Site
Plan
Review
Small
Cell
Permit2
Special
Permit
Temporary
Use
Permit9
Variance Waiver AGENDA ITEM # 7. d)
SUBMITTAL
REQUIREMENTS
10% Notice of Intent to Annex X
60% Petition to Annex X
Additional Animals Application Form X
Affidavit and Photograph of
Installation of Public Information Sign X X X X X X X X X X X X X X X X
Affidavit and Photograph of
Installation of Public Outreach Sign X11 X X X11
Applicant Agreement Statement (for
wireless communication facilities) X10 X X
Applicant’s Confirmation of Condition
Compliance X X X X
Arborist Report X X X X X X X X X X X X X X X X X
Arborist Report, Final X X
Assessment Information X X
Authorization for Abatement X
Binding Site Plan Map X
Biological Assessment/Critical Areas
Study when project located in a
designated floodplain X X X X X X X X X X X X X X X X X X X X X X X X
Business License Application for Home
Occupation X
Calculations, Survey X X X X
Colored Rendering X X X X X X X
Concealment Element Plan X
Construction Mitigation Description X X X X X X X X X X X X X X X X X X
Documentation of Affordable Housing
Experience and 3rd Party Reporting12 X X X X X X AGENDA ITEM # 7. d)
Draft Deed for Any Proposed
Dedication of Land for Public Purposes X X X X X
Draft Homeowners’ Association
Documents, if applicable X X X X X
Draft Restrictive Covenants, if any X X X X X X X X X X
Drainage Control Plan X X X X X X X X X X X X X X X
Drainage Report X X X X X X X X X X X X X X X
Elevations, Architectural X X X X X x X X X X X X X X X
Environmental Checklist X X X X X X X X X X X X X X X X X X X X
Existing Covenants (recorded copy) X X X X X X X X X X X X X X X X X X X X
Existing Easements (recorded copy) X X X X X X X X X X X X X X X X X X X X
Final Plat Plan X
Flood Hazard Data, if applicable X X X X X X X X x X X X X X X X X X X
Floor Plans X X X X x X X X X X X X X X
Geotechnical Report X X X X X X X X x X X X X X X X X X X X
Grading Plan, Conceptual X3 X3 X X X X X X X X X X X X X
Grading Plan, Detailed X X
Habitat Data Report X X X X X X X X X X X X X X X X X X
Hazardous Materials Management
Statement X X X X X X X X X X X X X X X X X X X
Inventory of Existing Sites (for
wireless communication facilities) X4 X X
Justification for the Comprehensive
Plan Amendment and, if applicable,
Rezone X X
Justification for Conditional Permit
Request X X
Justification for Rezone X
Justification for Tier III Temporary Use
Permit X
Justification for Variance Request X X AGENDA ITEM # 7. d)
King County Health Department
Approval (for food related uses only) X
Landscape Plan, Conceptual X X X X X X X X X X X X X X x X X
Landscape Plan, Detailed X X X X X
Lease Agreement, Draft (for wireless
communication facilities) X4 X X
Legal Description X X X X X X X X X X X X X X X X X X X X X X X X X X X X
Letter Describing Proposed Home
Occupation X
Letter from Property Owner X X
Letter to Examiner/Council Stating
Reason(s) for Appeal per RMC 4-8-
110C3 X
Letter Explaining Which
Comprehensive Plan Text/Policies
Should Be Changed and Why X
Letter of Understanding, Geologic Risk X X X X X X X X X X X X X X X X X X
List of Affected Property Owners
within Annexation Area Boundary X X
Lot Line Adjustment Map X
Map of Existing Site Conditions X
Map of View Area (for wireless
communication facilities only) X X X
Master Application Form X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
Master Plan X
Mobile Home Park Plan X X
Monument Cards (one per
monument) X X X
Neighborhood Detail Map X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
Neighborhood Meeting Materials X11 X X X11
Parking, Lot Coverage and
Landscaping Analysis X X X X X X X X X X X X X X AGENDA ITEM # 7. d)
Photo Simulations (for wireless
communication facilities only) X4 X X X
Plat Certificate X
Preapplication Meeting Summary, if
any X X X X X X X X X X X X X X X X X X X X X X X X X X
Preliminary Plat Plan X
Project Narrative X X X X X X X X X X X X X X X X X X X X X X X X X X
Project Sequencing Plan X
Proposal (nonproject, e.g., draft
ordinance, plan or policy) X
Proposal Summary (nonproject) X
Public Works Approval Letter X X X X
Radio Frequency Emissions Report X
Routine Vegetation Management
Application Form X
Screening Detail, Refuse/Recycling X X X X X X X X
Service Area Map (for wireless
communication facilities only) X X
Short Plat Plan X
Short Plat Plan, Final X
Site Plan X X X X X X X X X X X X X X X X X X
Site Plan, Single Family X
Siting Process Report for Use Permits
for SCTF, CDF or CDIS Facilities X
Source Statement, Fill Material,
Aquifer Protection Areas X
Statement Addressing Basis for
Alternate and/or Modification X X X X
Statement Addressing the Basis for
the Shoreline Permit Exemption
Request X AGENDA ITEM # 7. d)
Statement Addressing the PUD’s
Relationship to the City
Comprehensive Plan X
Stream/Lake Study (8) X X X X X X X X X X X X X X X X X X X X X X X X X
Survey X X X
Title Report X X X X X X X X X X X X X X X X X X X X X X X
Topography Map (5' contours) X X X X X X X X X X X X X X X X X
Traffic Study X X X X X X X X X X X X
Tree Retention/Land Clearing (Tree
Inventory) Plan X X X X X X X X X X X X X X X X X X X X
Urban Design District Review Packet X7 X7 X7 X7 X7 X7
Utilities Plan, Generalized X X X X X X X X X X X X X X X X X
Vegetation Management Plan
(Shoreline) X X X
Wetlands Delineation Map X X X X X X X X X X X X X X X X X X
Wetland Mitigation Plan – Preliminary X X X X X X X X X X X X X X X X X X
Wetland Mitigation Plan – Final X X X X X X X
Wetlands Assessment X X X X X X X X X X X X X X X X X X X X X X
An “X” indicates that the submittal item is required unless waived by the Planning Division.
Table 4-8-120C Legend: An “X” indicates that the submittal item is required unless waived by the Administrator or designee.
Footnotes:
1. This information is required only for those home occupations that will have customer visits, more than six (6) business deliveries per week, or external indication of commercial activity.
2. Level of detail limited to scope listed in RMC 4-9-210A.
3. Level of detail required may be reduced by Administrator.
4. Not required for amateur radio antennas.
5. Deleted.
6. Deleted.
7. Only required for projects requiring review in the Urban Center Design Overlay District. AGENDA ITEM # 7. d)
8. A standard stream or lake study is required for any application proposal; provided, that an individual single family residence on a parcel less than twenty thousand (20,000) square feet shall not be subject to this requirement. A supplemental stream or lake study is also required if an unclassified stream is involved, or if
there are proposed alterations of the water body or buffer, as identified in the standard stream or lake study. If substantial impacts to the existing vegetation within the buffer required by RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1, Vegetation Conservation, are identified in the
standard stream or lake study, a supplemental stream or lake study may be required by the Community and Economic Development Administrator. A stream or lake mitigation plan will be required prior to final approval for any plans or permits that result in mitigation identified in the supplemental stream or lake study.
9. The only submittal requirements required for Tier I Temporary Use Permit are Master Application, Site Plan, and King County Health Department Approval.
10. Only that portion of the agreement relating to removal upon discontinuation of use is required for amateur radio antennas.
11. Submission of an affidavit and photograph of an installed public outreach sign and/or neighborhood meeting materials is only required for site plan review if the sign and/or neighborhood meeting is required per RMC 4-8-090, Public Notice Requirements.
12. For applicants seeking bonus density under the provisions of RMC 4-9-065.
AGENDA ITEM # 7. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4-4-080.F.10 OF THE RENTON MUNICIPAL CODE, AMENDING
PARKING REGULATIONS FOR CONVERTED LAND USES, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, parking is an important component of development and it is important that
sufficient parking is provided based on specified land uses; and
WHEREAS, some land uses convert to a new land use that requires more parking than the
previous use; and
WHEREAS, the provision of adequate parking will be important for future users of the
new land use; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
2
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-4-080.F.10 of the Renton Municipal Code, as amended by
Ordinance No. 6092 which passed City Council on November 28, 2022, is hereby amended to
insert a new subsection 4-4-080.F.10.d, to read as shown below, and renumber the former 4-4-
080.F.1.d to 4-4-080.F.10.e. All other provisions in 4-4-080.F.10 remain in effect and unchanged.
d. Parking Spaces Required by Land Use. Income Restricted and CD
Zone Conversions: A conversion to a land use resulting in a greater parking
requirement shall be required to provide the amount of parking required of the
new use. This shall be applied to the following conversions:
i. When attached housing converts from affordable income
restricted dwelling units to non-income restricted dwelling units; or
ii. When a commercial use in the Center Downtown (CD) zone
converts to residential, office, or convalescent center. Additionally, conversion to
any of the following commercial uses: drive-through retail, drive-through services,
hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters,
entertainment clubs, bowling alleys, dance halls, dance clubs, other recreational
uses, or retail marijuana in the CD zone.
de. Parking Spaces Required Based on Land Use:
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
3
USE NUMBER OF REQUIRED SPACES
GENERAL:
Uses not specifically identified in this
Section:
Department staff shall determine which of the
below uses is most similar based upon staff
experience with various uses and information
provided by the applicant. The amount of required
parking for uses not listed above shall be the same
as for the most similar use listed below.
Bicycle parking: See minimum requirements in subsection F11 of
this Section.
Parking in Excess of Maximum
Standards:
Maximum ratios for off-street parking facilities
may be exceeded by up to 10% if the applicant
implements low impact development techniques
that reduce stormwater runoff and manages
stormwater on site in a way that exceeds the
requirements of surface water management in
RMC 4-6-030.
COMMERCIAL MIXED USES OUTSIDE OF CENTER DOWNTOWN ZONE:
Commercial mixed use with 2 or 3
individual establishments (except
vertical mixed use developments):
The total requirement for off-street parking
facilities shall be the sum of the requirements for
each use computed separately.
Shopping centers (4 or more individual
commercial establishments):
A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
feet of net floor area. In the UC-1 and UC-2 Zones,
a maximum of 4.0 per 1,000 square feet of net
floor area is permitted unless structured parking is
provided, in which case 5.0 per 1,000 square feet
of net floor area is permitted. Drive-through retail
or drive-through service uses must comply with
the stacking space provisions listed below.
Commercial within vertical mixed-use
developments:
A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
4
USE NUMBER OF REQUIRED SPACES
feet of net floor area. In the UC-1 and UC-2 Zones,
a maximum of 4.0 per 1,000 square feet of net
floor area is permitted unless structured parking is
provided, in which case 5.0 per 1,000 square feet
of net floor area is permitted.
RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE:
Detached dwellings and townhouses: A minimum of 2.0 per dwelling unit, however, 1.0
per dwelling unit may be permitted for 1 bedroom
or less dwelling units. Tandem parking is allowed.
In addition, if the primary structure on a site where
an accessory dwelling unit (ADU) is proposed does
not meet the City’s minimum parking standards,
1.0 additional off-street parking space is required
to obtain approval.
Cottage house developments: A minimum and maximum of 1.6 per cottage
house of 3 bedrooms or greater; 1.4 per 2-
bedroom cottage house; 1.0 per 1-bedroom
cottage house or studio. In addition to the
minimum parking stalls required, a minimum 20%
of the total number of required parking spaces in
the cottage house development shall be provided
for guest parking and located in a common area
accessible by guests.
Manufactured homes within a
manufactured home park:
A minimum of 2.0 per manufactured home site,
plus a screened parking area shall be provided for
boats, campers, travel trailers and related devices
at a ratio of 1.0 screened space per 10 units.
Congregate residences: A minimum and maximum of 1.0 per sleeping
room and 1.0 for the proprietor, plus 1.0 additional
space for each 4 persons employed on the
premises.
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
5
USE NUMBER OF REQUIRED SPACES
Assisted living: A minimum and maximum of 1.0 space per
residential unit of assisted living, plus dedicated
parking spaces for facility fleet vehicles.
Attached dwellings in RMF, R-14 and R-
10 Zones:
A minimum and maximum of 1.6 per 3 bedroom or
large dwelling unit; 1.4 per 2 bedroom dwelling
unit; 1.0 per 1 bedroom or studio dwelling unit. In
addition to the minimum parking stalls required, a
minimum 10% of the total number of required
parking spaces shall be provided for guest parking
and located in a common area accessible by
guests.
Attached dwellings within all other
zones:
1.0 per dwelling unit is required. A maximum of
1.75 per dwelling unit is allowed.
Attached dwelling for low, income
restricted:
A minimum of 1.0 for each 4 dwelling units is
required. A maximum of 1.75 per dwelling unit is
allowed.
Live-work unit, residential unit: A minimum and maximum of 1.0 per unit.
Accessory dwelling unit: When accessory to a single-family residence, 1.0
per unit is required. A maximum of 2.0 per unit is
allowed.
ADUs accessory to nonresidential uses are exempt
from additional parking when current parking
capacity exceeds the minimum parking
requirement for the primary use, otherwise 1.0 per
unit is required.
ADUs located within 1/4 mile of a mass transit
facility, as defined in RMC 4-2-080, shall be exempt
from off-street parking requirements.
RESIDENTIAL USES IN CENTER DOWNTOWN ZONE:
Attached dwellings: A minimum and maximum of 1.0 per unit.
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
6
USE NUMBER OF REQUIRED SPACES
Attached dwelling for low, income
restricted:
1.0 for every 4 dwelling units is required. A
maximum of 1.75 per dwelling unit is allowed.
Congregate residences: A minimum and maximum of 1.0 per 4 sleeping
rooms and 1.0 for the proprietor, plus 1.0
additional space for each 4 persons employed on
the premises.
Assisted living: A minimum and maximum of 1.0 space per
residential unit of assisted living, plus dedicated
parking spaces for facility fleet vehicles.
Detached dwellings (existing legal): A minimum of 2.0 per unit.
COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE:
Drive-through retail or drive-through
service:
Stacking spaces: The drive-through facility shall be
so located that sufficient on-site vehicle stacking
space is provided for the handling of motor
vehicles using such facility during peak business
hours. Typically 5.0 stacking spaces per window
are required unless otherwise determined by the
Administrator. Stacking spaces cannot obstruct
required parking spaces or ingress/egress within
the site or extend into the public right-of-way.
Banks: A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
feet of net floor area.
Convalescent centers: A minimum and maximum of 1.0 for every 2
employees plus 1.0 for every 3 beds.
Day care centers, adult day care (I and II): A minimum and maximum of 1.0 for each
employee and 2.0 drop-off/pick-up spaces within
100 feet of the main entrance for every 25 clients
of the program.
Hotels and motels: A minimum and maximum of 1.0 per guest room
plus 1.0 for every 3 employees.
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
7
USE NUMBER OF REQUIRED SPACES
Bed and breakfast houses: A minimum and maximum of 1.0 per guest room.
Mortuaries or funeral homes: A minimum and maximum of 10 per 1,000 square
feet of floor area of assembly rooms.
Vehicle sales (large and small vehicles)
with outdoor retail sales areas:
A minimum and maximum of 1.0 per 5,000 square
feet. The sales area is not a parking lot and does
not have to comply with dimensional
requirements, landscaping or the bulk storage
section requirements for setbacks and screening.
Any arrangement of motor vehicles is allowed as
long as:
• A minimum 5-foot perimeter landscaping area is
provided;
• They are not displayed in required landscape
areas; and
• Adequate fire access is provided per Fire
Department approval.
Vehicle service and repair (large and
small vehicles):
A minimum and maximum of 2.5 per 1,000 square
feet of net floor area.
Offices, medical and dental: A minimum and maximum of 5.0 per 1,000 square
feet of net floor area.
Offices, general: A minimum of 2.0 per 1,000 square feet of net
floor area and a maximum of 4.5 parking spaces
per 1,000 square feet of net floor area.
Eating and drinking establishments and
taverns:
A minimum and maximum of 10 per 1,000 square
feet of dining area.
Eating and drinking establishment
combination sit-down/drive-through
restaurant:
A minimum and maximum of 1.0 per 75 square
feet of dining area.
Retail sales and wholesale retail sales: A minimum and maximum of 2.5 per 1,000 square
feet of net floor area, except wholesale retail sales,
which is allowed a maximum of 5.0 per 1,000
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
8
USE NUMBER OF REQUIRED SPACES
square feet of net floor area if shared and/or
structured parking is provided.
Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000
square feet of net floor area.
Services, on-site (except as specified
below):
A minimum and maximum of 3.0 per 1,000 square
feet of net floor area.
Clothing or shoe repair shops, furniture,
appliance, hardware stores, household
equipment:
A minimum and maximum of 2.0 per 1,000 square
feet of net floor area.
Uncovered commercial area, outdoor
nurseries:
A minimum and maximum of 0.5 per 1,000 square
feet of retail sales area in addition to any parking
requirements for buildings.
Recreational and entertainment uses:
Outdoor and indoor sports arenas,
auditoriums, stadiums, movie theaters,
and entertainment clubs:
A minimum and maximum of 1.0 for every 4 fixed
seats or 10 per 1,000 square feet of floor area of
main auditorium or of principal place of assembly
not containing fixed seats, whichever is greater.
Bowling alleys: A minimum and maximum of 2.0 per alley.
Dance halls, dance clubs, and skating
rinks:
A minimum and maximum of 1.0 per 40 square
feet of net floor area.
Golf driving ranges: A minimum and maximum of 1.0 per driving
station.
Marinas: A minimum and maximum of 2.0 per 3 slips. For
private marina associated with a residential
complex, then 1.0 per 3 slips. Also 1 loading area
per 25 slips.
Miniature golf courses: A minimum and maximum of 1.0 per hole.
Other recreational: A minimum and maximum of 1.0 per occupant
based upon 50% of the maximum occupant load as
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
9
USE NUMBER OF REQUIRED SPACES
established by the adopted Building and Fire Codes
of the City of Renton.
Travel trailers: A minimum and maximum of 1.0 per trailer site.
COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE:
Convalescent center, drive-through
retail, drive-through service, hotels,
mortuaries, indoor sports arenas,
auditoriums, movie theaters,
entertainment clubs, bowling alleys,
dance halls, dance clubs, and other
recreational uses:
These uses follow the standards applied outside
the Center Downtown Zone.
Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000
square feet of net floor area.
All commercial uses allowed in the CD
Zone except for the uses listed above:
A maximum of 1.0 space per 1,000 square feet of
net floor area, with no minimum requirement.
INDUSTRIAL/STORAGE ACTIVITIES:
Airplane hangars, tie-down areas: Parking is not required. Hangar space or tie-down
areas are to be utilized for necessary parking.
Minimum and maximum parking for offices
associated with hangars is 5.0 per 1,000 square
feet.
Manufacturing and fabrication,
laboratories, and assembly and/or
packaging operations:
A minimum of 1.0 per 1,000 square feet of net
floor area and a maximum of 1.5 spaces per 1,000
square feet of net floor area (including warehouse
space).
Self service storage: A minimum and maximum of 1.0 per 3,500 square
feet of net floor area. Maximum of 3.0 moving
van/truck spaces is permitted.
Outdoor storage area: A minimum and maximum of 0.5 per 1,000 square
feet of area.
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
10
USE NUMBER OF REQUIRED SPACES
Warehouses and indoor storage
buildings:
A minimum and maximum of 1.0 per 1,500 square
feet of net floor area.
PUBLIC/QUASI-PUBLIC ACTIVITIES:
Religious institutions: A minimum and maximum of 1.0 for every 5 seats
in the main auditorium; however, in no case shall
there be less than 10.0 spaces. For all existing
institutions enlarging the seating capacity of their
auditoriums, 1.0 additional parking space shall be
provided for every 5 additional seats provided by
the new construction. For all institutions making
structural alterations or additions that do not
increase the seating capacity of the auditorium,
see “outdoor and indoor sports arenas,
auditoriums, stadiums, movie theaters, and
entertainment clubs.”
Medical institutions: A minimum and maximum of 1.0 for every 3 beds,
plus 1.0 per staff doctor, plus 1.0 for every 3
employees.
Cultural facilities: A minimum and maximum of 40 per 1,000 square
feet.
Public post office: A minimum and maximum of 3.0 for every 1,000
square feet.
Secure community transition facilities: A minimum and maximum of 1.0 per 3 beds, plus
1.0 per staff member.
Schools:
Elementary and junior high: A minimum and maximum of 1.0 per employee. In
addition, if buses for the transportation of
students are kept at the school, 1.0 off-street
parking space shall be provided for each bus of a
size sufficient to park each bus.
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
11
USE NUMBER OF REQUIRED SPACES
Senior high schools: public, parochial and
private:
A minimum and maximum of 1.0 per employee
plus 1.0 space for every 10 students enrolled. In
addition, if buses for the private transportation of
children are kept at the school, 1.0 off-street
parking space shall be provided for each bus of a
size sufficient to park each bus.
Colleges and universities, arts and crafts
schools/studios, and trade or vocational
schools:
A minimum and maximum of 1.0 per employee
plus 1.0 for every 3 student rooming units, plus 0.5
space for every full-time student not residing on
campus. In addition, if buses for transportation of
students are kept at the school, 1.0 off-street
parking space shall be provided for each bus of a
size sufficient to park each bus.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance, including subsections 4-4-045.I,
4-4-080.F.10, and 4-7-090.E.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
AGENDA ITEM # 7. e)
ORDINANCE NO. ________
12
SECTION V. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED:2249: 11.21.22
AGENDA ITEM # 7. e)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ZONING,
STANDARDS, AND DEFINITIONS FOR WAREHOUSING AND RELATED LAND USES
IN SUBSECTIONS 4-2-060.L, 4-2-060.M, 4-2-080.A.11, AND 4-2-130.A, SECTIONS
4-11-040, 4-11-050, 4-11-060, 4-11-180, 4-11-190, AND 4-11-230 OF THE RENTON
MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on August 12, 2022, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on September 7, 2022,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsections 4-2-060.L and 4-2-060.M of the Renton Municipal Code are
amended as shown in Attachment A. All other provisions in 4-4-060 remain in effect and
unchanged.
SECTION III. Subsection 4-2-080.A.11 of the Renton Municipal Code is amended as
follows:
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
2
11. Storage of products shall be limited to products related to retail,
service, or office uses and shall not be located along the building street frontage
or in areas visible to the public. Warehousing facilities, warehousing and
distribution facilities, and fulfillment centers shall monitor and collect vehicle trip
counts to and from the facility for a minimum of two (2) years after operations
begin, and all data shall be furnished to the Administrator. Facility size shall be
limited as follows:
a. Warehousing facilities shall be limited to two hundred thousand
(200,000) square feet of gross floor area.
b. Warehousing and distribution facilities shall be limited to four
hundred thousand (400,000) square feet of gross floor area.
c. Fulfilment centers shall be limited to one hundred (100,000) square
feet of gross floor area.
SECTION IV. Subsection 4-2-130A of the Renton Municipal Code is amended as shown
in Attachment B.
SECTION V. Section 4-11-040 of the Renton Municipal Code is amended as follows:
4-11-040 Definitions D:
DANCE CLUB: Any facility, restricted to adults over twenty-one (21) years of age,
at which dancing occurs, as a primary form of entertainment. This definition
excludes adult entertainment businesses, entertainment clubs, and
gaming/gambling facilities, dance halls and other establishments conducting
public dances as defined in RMC 5-13-1.
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
3
DANCE HALL: Any place where a public dance, as defined in RMC 5-13-1, is
conducted without restriction on age, or restricted to minors only. Dance halls are
further regulated under RMC Title 5 and require a license to operate. This
definition excludes adult entertainment businesses, dance clubs, entertainment
clubs, and gaming/gambling facilities.
DANGEROUS BUILDING: As defined by the “Uniform Code for the Abatement of
Dangerous Buildings.”
DATA CENTER: A facility used primarily for off-site storage of computer systems
and associated components including applications and secure data. Some data
centers may include maintenance areas and a small office. Data centers may be
occupied by single or multiple tenants, but typically have a small number of
employees and visitors. See RMC 4-11-230, WAREHOUSING.
DAY CARE CENTER: A day care operation licensed by the State of Washington
(WAC 388-73-014), for thirteen (13) or more children in any twenty four (24) hour
period, or any number of children in a nonresidential structure. This definition
does not include adult day care/health.
DAY CARE, FAMILY, HOME: A day care operation licensed by the State of
Washington (WAC 388-73-014), caring for twelve (12) or fewer children in any
twenty four (24) hour period within the caregiver’s place of residence.
DAYLIGHTING: Restoration of a culverted or buried watercourse to a surface
watercourse.
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
4
DEDICATION: A deliberate appropriation of land by its owner for any general and
public uses, reserving to himself/herself no other rights than such as are
compatible with the full exercises and enjoyment of the public uses to which the
property has been devoted.
DEED OF DEDICATION: A formal dedication of right-of-way or easement to the
City, to be approved by City Council, the Hearing Examiner, the Public Works
Administrator or designee, or the Community and Economic Development
Administrator or designee.
DEMOLITION WASTE: Solid waste resulting from the demolition or razing of
buildings, roads and other human-made structures. Demolition waste includes,
but is not limited to, concrete, brick, bituminous concrete, wood and masonry,
composition roofing and roofing paper, steel, and minor amounts of other metals
like copper.
DENSITY, GROSS: A measure of population, housing units, or building area related
to land area, and expressed as a ratio, i.e., one dwelling unit per acre, or one
thousand (1,000) people per square mile.
DENSITY, NET: A calculation of the number of housing units and/or lots that would
be allowed on a property after critical areas, i.e., very high landslide hazard areas,
protected slopes (except evaluate on a case-by-case basis those protected slopes
created by previous development), wetlands, Class 1 to 4 streams and lakes, or
floodways, and public rights-of-way and legally recorded private access
easements, are subtracted from the gross area (gross acres minus streets and
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
5
critical areas multiplied by allowable housing units per acre). Developments
meeting the definition of a shopping center are not required to deduct areas
within access easements from the gross site area for the purpose of calculating
net density. Required critical area buffers, streams that have been daylighted
including restored riparian and aquatic areas, public and private alleys, unit lot
drives, drives, joint use driveways (and the access easements upon them), and
trails shall not be subtracted from gross acres for the purpose of net density
calculations. All fractions which result from net density calculations shall be
truncated at two (2) numbers past the decimal (e.g., 4.5678 becomes 4.56).
Calculations for minimum or maximum density which result in a fraction that is
one-half (0.50) or greater shall be rounded up to the nearest whole number. Those
density calculations resulting in a fraction that is less than one-half (0.50) shall be
rounded down to the nearest whole number.
DEPARTMENT: The Department of Community and Economic Development of the
City of Renton, unless otherwise specified.
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
6
DEPARTMENT ADMINISTRATOR: See ADMINISTRATOR.
DESIGNATED ZONE FACILITY: Any hazardous waste treatment and storage facility
that requires an interim or final status permit under rules adopted under
chapter 70.105 RCW and that is not a “preempted facility” as defined in
RCW 70.105.010.
DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a
short period of time and then release it to the point of discharge at a controlled
rate or to hold water for a considerable length of time during which the volume is
reduced through evaporation, evapotranspiration by plants, or infiltration into the
ground.
DETERMINATION OF NONSIGNIFICANCE (DNS): The written decision by the
responsible official of the lead agency that a proposal is not likely to have a
significant adverse environmental impact, and therefore an EIS is not required
(WAC 197-11-310 and 197-11-340). The DNS form is in WAC 197-11-970.
DETERMINATION OF NONSIGNIFICANCE, MITIGATED (MDNS): A DNS that
includes mitigation measures and is issued as a result of the process specified in
WAC 197-11-350.
DETERMINATION OF SIGNIFICANCE (DS): The written decision by the responsible
official of the lead agency that a proposal is likely to have a significant adverse
environmental impact, and therefore an EIS is required (WAC 197-11-
310 and 197-11-360). The DS form is in WAC 197-11-980 and must be used
substantially in that form.
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
7
DEVELOPABLE AREA: Land area outside of critical areas, critical area and shoreline
buffers, and public rights-of-way that is otherwise developable.
DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or
enlargement of any structure; any mining, excavation, landfill or land disturbance
and any use or extension of the use of land.
DEVELOPMENT: (This definition for RMC 4-3-050, flood hazard regulations, use
only.) Any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials
located within the area of special flood hazard.
DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A use consisting of the construction or exterior alteration
of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or
minerals; bulkheading; driving of piling; placing of obstructions; or any other
projects 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. This does not include dismantling or removing structures if
there is no other associated development or redevelopment.
DEVELOPMENT AGREEMENT: A recorded contract entered into by the city and an
applicant setting forth development standards and other provisions governing
and vesting a development or use for a duration of time specified in the contract.
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May be used to obligate an applicant to fund or provide services, infrastructure,
or other facilities.
DEVELOPMENT PERMIT: Written permission after appropriate review for type of
application from the appropriate decision-maker authorizing the division of a
parcel of land, the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure, utility, or any use or extension of the
use of the land.
DEVELOPMENT REGULATIONS (for vesting purposes): The following controls
placed on development or land use activities by the City, including but not limited
to: Comprehensive Plan Policies, zoning regulations, subdivision regulations,
shoreline management regulations, road design standards, site development
regulations, sign regulations, critical areas regulations, and all regulations and land
use controls that must be satisfied as a prerequisite to obtaining approval of an
application for development. For the purposes of this definition, construction and
utility regulations such as stormwater standards and erosion/sediment control
requirements contained in RMC Title IV, Development Regulations, building
standards, fire standards, sewer utility standards, and Health Department
standards are not considered development regulations or land use controls. RMC
Title IV processes and procedures are not considered development regulations or
land use controls.
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DEVELOPMENT SERVICES DIRECTOR: The Director of the Development Services
Division of the Department of Community and Economic Development or
designee.
DISPLAY SURFACE: The area made available by the sign structure for the purpose
of displaying the advertising message.
DISPLAY WINDOW: A window in a building facade intended for nonpermanent
display of goods and merchandise.
DIVERSION FACILITY: A facility that provides inpatient healthcare for individuals
that are self-admitted or ordered, diverted, or referred from jails, hospitals,
doctors or similar treatment facilities or professionals, or by first responders,
including law enforcement, hospital emergency department social workers, and
similar professionals. Services may include an array of inpatient healthcare
treatment and support services including but not limited to screening and
assessment, psychological counseling, case management, crisis management,
detox services, substance use and trauma-related treatment services,
behavioral/mental health care, medical isolation, care, or treatment, counseling,
respite services, and various levels of accommodations for sleeping purposes.
Some outpatient healthcare services may be provided. Not included in this
definition are congregate residences, assisted living facilities, adult family homes,
group homes, convalescent centers, social service organizations, or homeless
services uses.
DOCK: A fixed or floating platform extending from the shore over the water.
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DOUBLE CHECK VALVE ASSEMBLY: See RMC 4-6-100.
DOUBLE-WALLED: See RMC 4-5-120G.
DOWNTOWN BUSINESS DISTRICT: Those uses, buildings, and walkways within the
area mapped in RMC 4-2-080D. In general, the area is bounded at the north by
parcel lines near South Second Street, at the east by the Cedar River and I-405, at
the south by parcel lines near South Fourth Street and parcel lines along South
Third Street, and at the west by parcels along Burnett Avenue South and Shattuck
Avenue South.
DRAINAGE AREA: The total area whose drainage water flows to and across the
subject property.
DREDGING: The removal of earth from the bottom or banks of a body of water.
DRIP LINE: A tree’s drip line shall be described by a line projected to the ground
from the outer edge of the tree canopy delineating the outermost extent of foliage
in all directions.
DRIP LINE, PROTECTED: A tree drip line identified to be retained and preserved as
an undisturbed, vegetated area that fully encompasses the drip line of a protected
tree removed in violation of a land development permit.
DRIVE-IN/DRIVE-THROUGH RETAIL OR SERVICE: A business or a portion of a
business where a customer is permitted or encouraged, either by the design of
physical facilities or by service and/or packaging procedures, to carry on business
in the off-street parking or paved area accessory to the business, while seated in
a motor vehicle. In some instances, customers may need to get out of the vehicle
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to obtain the product or service. This definition shall include but not be limited to
drive-in services at fast-food restaurants, espresso stands, and banks and
pharmacies. This definition excludes vehicle service and repair, vehicle fueling
stations, and car washes.
DROP-OFF ZONE: A sidewalk area abutting a street intended for passengers to
enter or exit vehicles that are temporarily parked for that purpose.
DWELLING, ATTACHED: A dwelling unit connected to one or more dwellings by
common roofs, walls, or floors or a dwelling unit or units attached to garages or
other nonresidential uses. This definition includes assisted living facilities but
excludes boarding and lodging houses, accessory dwelling units, adult family
homes, group home I or group home II as defined herein. Attached dwellings
include the following types:
A. Flat: A dwelling unit attached to one or multiple dwelling units by one or
more common roof(s), wall(s), or floor(s) within a building. Typically, the unit’s
habitable area is provided on a single level. Unit entrances are provided from a
common internal corridor.
B. Townhouse: A dwelling unit attached to one or more such units by one or
more common vertical walls in which each unit occupies the building from the
bottom of the foundation to the roof, has at least two (2) exterior faces, front and
rear ground-level access to the outside, and no unit is located over another unit.
Townhouse units may be multistory.
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C. Carriage House: One or more dwelling units built above one or more private
garage(s). The attached garage(s) typically contains vehicles and/or storage for
people living in another building as well as occupants of the carriage house. This
definition does not include accessory dwelling units.
D. Garden Style Apartment(s): A dwelling unit that is one of several stacked
vertically, with exterior stairways and/or exterior corridors and surface parking.
Parking is not structured and may include detached carports or garages. Buildings
and building entries are oriented toward internal drive aisles and/or parking lots
and not street frontage. There is typically no formal building entry area connected
to a public sidewalk and a public street. Site planning may incorporate structures
developed at low landscaped setbacks.
DWELLING, DETACHED: A building containing one dwelling unit which is not
attached to any other dwelling by any means except fences, has a permanent
foundation, and is surrounded by open space or yards. Also called a single family
dwelling. This definition does not include accessory dwelling units.
DWELLING UNIT: A structure or portion of a structure designed, occupied or
intended for occupancy as separate living quarters with cooking, sleeping and
sanitary facilities provided for the exclusive use of a single household.
DWELLING UNIT, ACCESSORY: An independent subordinate dwelling unit that is
located on the same lot as, but not within, either a single-family dwelling or a
principal building actively operated with a nonresidential use by a religious
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institution or social service organization. This may include units over detached
garages.
SECTION VI. Section 4-11-050 of the Renton Municipal Code is amended as follows:
4-11-050 Definitions E:
EARLY NOTICE: See RMC 4-9-070R.
EARTH MATERIAL: Any rock, natural soil or fill and/or any combination thereof.
EASEMENT: A grant by the property owner for the use or protection of a piece of
land by the public, corporation, or persons for specific purposes.
A. Easement, Access: An easement created for the purpose of providing
vehicular or pedestrian access to a property.
B. Easement, Conservation: An easement held by the City, a public or
nonprofit entity approved by the City, or by the property owner for the express
purpose of protecting and conserving critical areas and their buffers.
EATING AND DRINKING ESTABLISHMENT: A retail establishment selling food
and/or drink for consumption on the premises or for take-out, including accessory
on-site food preparation. This definition includes, but is not limited to,
restaurants, cafes, and microbrew establishments. This definition excludes
taverns; mobile food vending; fast food; entertainment clubs; dance clubs; and/or
dance halls.
ECONOMIC DEVELOPMENT: A development which provides a service, produces
goods or a product, retails a commodity, or emerges in any other use or activity
for the purpose of making financial gain.
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EDUCATION INSTITUTION, HIGHER, OTHER: A public or private school, college or
university that provides post-secondary professional education and/or continuing
education programs. This definition does not include trade or vocational schools,
K-12 educational institutions, or arts and crafts schools and studios.
EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), EXISTING K-12: An existing
public or private school encompassing grades K-12.
EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), NEW K-12: A new public or
private school encompassing grades K-12.
ELECTRICAL POWER GENERATION AND COGENERATION: Electrical power
generation is the production of electricity for consumption by facilities onsite or
in a district. Electrical power cogeneration is the simultaneous production of
electricity and useful heat from the same fuel or energy or the use of a production
by-product to generate power. Facilities with cogeneration systems use them to
produce their own electricity, and use the unused excess (waste) heat for process
steam, hot water heating, space heating, and other thermal needs. They may also
use excess process heat to produce steam for electricity production.
EMERGENCIES: Actions that must be undertaken immediately or within a time
frame too short to allow full compliance with this Title to avoid an immediate
threat to public health or safety, to prevent an imminent threat of serious
environmental degradation.
ENGINE OR TRANSMISSION REBUILD, INDUSTRIAL: An operation which rebuilds,
reconditions, or customizes engines or transmissions which are sold to vehicle
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service and repair operations or to individual customers for installation into
vehicles off site.
ENGINEERING GEOLOGIST: See GEOTECHNICAL ENGINEER.
ENGINEERING GEOLOGY: The application of geologic knowledge and principles in
the investigation and evaluation of naturally occurring rock and soil for use in the
design of civil works.
ENGINEERING GEOLOGY REPORT: See GEOTECHNICAL REPORT.
ENHANCEMENT ACTIVITIES: Removal of noxious or intrusive species, plantings of
appropriate native species and/or removal of diseased or decaying trees which
pose a clear and imminent threat to life or property. Enhancement activities shall
not involve the use of mechanical equipment. Enhancement activities may include
the removal of pests which pose a clear danger to public health provided that such
danger is certified by the King County Department of Public Health.
ENTERTAINMENT CLUB: Any facility where live entertainment including but not
limited to live theater; dance performances; musical performances; comedy
routines; book/poetry readings; and other forms of live entertainment are
conducted. This definition excludes adult entertainment businesses; movie
theaters; dance clubs; dance halls; taverns; and eating and drinking
establishments.
ENTERTAINMENT/MEDIA RENTALS: A business consisting of rental of
entertainment media including but not limited to videos, DVDs, and video games.
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This definition includes accessory retail sales of entertainment media as well as
foodstuff. This definition does not include adult retail uses.
ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review
Committee, as defined by RMC 4-9-070D, is the SEPA Responsible Official
Authority.
EROSION: The wearing away of the ground surface as a result of the movement of
wind, water and/or ice.
ESSENTIAL HABITAT: Habitat necessary for the survival of federally listed
threatened, endangered, and sensitive species and state listed priority species.
EVICTION: Any effort by a property owner and/or developer to remove a tenant
from the premises or terminate a tenancy by lawful or unlawful means.
EXCAVATION: The mechanical removal of earth material.
EXISTING LEGAL USE: The use of a lot or structure at the time of enactment of a
zoning or other land use regulation.
EXOTIC: Any species of plants or animals that are not indigenous to the planning
area.
EXPRESS TRANSPORTATION SERVICES: Services which provide rapid delivery (i.e.,
overnight, within an hour, etc.) of air parcels, foodstuff, household and
entertainment goods, as well as taxi services. Use is distinguished by space for
multiple small delivery vehicles, and typically associated areas for sorting and
handling packages and documents, and accessory administrative offices.
SECTION VII. Section 4-11-060 of the Renton Municipal Code is amended as follows:
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4-11-060 Definitions F:
FACILITY: (For purposes of aquifer protection area regulations contained in
RMC 4-3-050, Critical Area Regulations.) All contiguous land within an APA,
structures, other appurtenances, and improvements on the land and operations
therein including, but not limited to, business, government, and institutional
activities where hazardous materials are stored, handled, treated, used or
produced in quantities greater than the de minimus amounts specified in RMC 4-
3-050C6a(ii)(1), Activities Exempt from Specified Aquifer Protection Area
Requirements.
FAMILY: Any number of related individuals, or not more than four (4) unrelated
individuals, living together as a single household.
FARMERS MARKET: A public market at which farmers and often other vendors sell
agricultural produce, which includes the sale of flowers directly to consumers.
FAST FOOD RESTAURANT: A restaurant occupying a detached structure,
identified by a name brand that offers a standard menu, typical business operation
logo, advertising franchise ownership or affiliation, and a corporate architectural
prototype building. Franchise fast food typically caters to a market area larger
than one neighborhood and is auto oriented. It may include drive-through service.
This definition excludes espresso stands.
FEASIBLE (with regard to application of the Surface Water Design Manual in
RMC 4-6-030): An LID best management practice that is considered capable of
implementation following consideration of the Surface Water Design Manual
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infeasibility criteria. Provided, an LID best management practice is not feasible if
it would conflict with requirements of federal or state law, zoning district design
criteria, public health and safety, transportation regulations, regulations
protecting tree species, a local code or rule adopted as part of a Wellhead
Protection Program established under the Federal Safe Drinking Water Act, or a
local code or rule adopted to protect a Critical Aquifer Recharge Area established
under the State Growth Management Act.
FEATURE, KEY: A distinctive element of a site, development, or building that
provides a defining characteristic, style, or functionality of a development, such as
prominent architectural elements, environmental amenities (e.g., creek crossing,
retained tree stands), or prominent design features (e.g., promenades or site
entries).
FENCE: An outdoor physical and/or visual barrier, railing, or other upright
structure erected above ground and separating an area of ground. For the purpose
of administering this Title, a wall shall be considered to be a fence unless the wall
resists the lateral displacement of soil or other materials, in which case it shall
qualify as a retaining wall.
FILL: A deposit of earth material placed by artificial means.
FINAL PLAT: See PLAT, FINAL.
FIRE CHIEF: The Fire Chief or Chief Administrative Officer Of the Renton Regional
Fire Authority.
FIRE DEPARTMENT: The Renton Regional Fire Authority.
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FIRE FLOW: The measure of the sustained flow of available water for fire fighting
at a specific building or within a specific area at twenty (20) pounds per square
inch residual pressure.
FIRE MARSHAL: The City of Renton Fire Marshal or his/her designee.
FLAT: See DWELLING, ATTACHED.
FLOOD or FLOODING:
1. A general and temporary condition of partial or complete inundation of
normally dry land areas from:
a. The overflow of inland or tidal waters, and/or
b. The unusual and rapid accumulation of runoff of surface waters from
any source, and/or
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as
defined in subsection 1b of this definition and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth is carried
by a current of water and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body
of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a severe storm, or by
an unanticipated force of nature, such as flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results in flooding as
defined in subsection 1a of this definition.
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FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of
flood waters.
FLOOD ELEVATION STUDY: An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow) and/or
flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map and
the water surface elevation of the base flood.
FLOOD, ONE HUNDRED (100) YEAR: The maximum flood expected to occur during
a one-hundred (100) year period.
FLOOD PROOFING: Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate risk of flood
damage to real estate or improved real property, water and sanitary facilities,
structures, and their contents. Flood proofed structures are those that have the
structural integrity and design to be impervious to floodwater below the Base
Flood Elevation.
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FLOODPLAIN or FLOOD-PRONE AREA: Any land area susceptible to being
inundated by water from any source. See FLOOD or FLOODING.
FLOODPLAIN ADMINISTRATOR: The community official designated by title to
administer and enforce the floodplain management regulations.
FLOODWAY: The channel of river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height. Also referred to as “Regulatory Floodway.”
FLOODWAY: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) Those portions of a river valley lying streamward from the
outer limits of a watercourse upon which flood waters are carried during periods
of flooding that occur with reasonable regularity, although not necessarily
annually. The floodway shall not include those lands that can reasonably be
expected to be protected by flood control devices maintained by or maintained
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under license from the federal government, the State, or a political subdivision of
the State.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of each wall.
FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells,
elevator shafts, mechanical equipment rooms, interior vehicular parking or
loading, and all floors below the ground floor, except when used for human
habitation or service to the public.
FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot
area.
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FLOOR, GROUND: The floor located at or near the adjacent grade or public right-
of-way.
FLOWER/PLANTS AND FLORAL SUPPLY: A business involving the retail sale of
flowers, house plants, and associated floral supplies.
FRANCHISE RETAIL ARCHITECTURE (OR GENERIC OR CORPORATE
ARCHITECTURE): Consists of site layout, buildings, and signs for businesses
(usually large format, chain, or franchise retail establishments) that are the same
style, color, and material regardless of location. Typically, the employees wear
uniforms and the products or food are the same in every facility.
FRONT YARD: See YARD REQUIREMENT.
FUEL DEALERS: Wholesale distribution of fuels with associated bulk fuel storage.
FUELING STATION, VEHICLE: See VEHICLE FUELING STATIONS
FULFILLMENT CENTER: A building used primarily for the storage and/or
consolidation of manufactured goods (and to a lesser extent, raw materials) prior
to their distribution to retail customers, retail locations, or other warehouses. A
typical fulfillment center has a high level of onsite automation and logistics
management. Fulfillment centers are generally characterized by a significant
storage function and direct distribution of ecommerce product to end users. These
facilities usually handle smaller packages and quantities than other types of
warehouses, and operations at these facilities often include employees fulfilling
online orders by picking, packing, and shipping the goods and materials directly to
online retail customers. These qualities, large scale, and volume of goods moved
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directly to home customer delivery differentiate it from other kinds of warehouse
distribution. This definition excludes warehousing, and warehousing and
distribution.
SECTION VIII. section 4-11-180 of the Renton Municipal Code is amended as follows:
4-11-180 Definitions R:
RAILROAD YARDS: An area for the switching, storing, assembling, distributing,
consolidating, moving, repairing, weighing or transferring of cars, trains, engines,
locomotives, and rolling stock.
REAR YARD: See YARD REQUIREMENT.
REASONABLE USE: A legal concept that has been articulated by federal and state
courts in regulatory takings issues.
RECEIVING BODIES OF WATER: Creeks, streams, rivers, lakes, storm sewers,
wetlands and other bodies of water into which surface waters are directed, either
naturally or in manmade ditches or open and closed systems.
RECOGNIZED HIGHER RISK: The handling, processing or storage of flammable,
explosive, blasting or toxic agents and their related processes and/or activities
which are generally considered as high hazard occupancy by agencies and/or
publications, which include but are not limited to the Washington Surveying and
Rating Bureau, the American Insurance Association as per its Fire Prevention Code
and National Building Code, as the same may be amended from time to time as
posing a higher risk on its neighbors and/or adjacent or nearby properties natural
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or manmade waterways, or which may tend to endanger environmental qualities
before special actions are taken to mitigate adverse characteristics.
RECREATION: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) The refreshment of body and mind through forms of play,
amusement or relaxation. The recreational experience may be active, such as
boating, fishing, and swimming, or may be passive such as enjoying the natural
beauty of the shoreline or its wildlife. This definition includes both public and
private facilities.
RECREATION, ACTIVE: Leisure-time activities sometimes requiring equipment and
taking place at prescribed places, sites, or fields. Active recreation includes such
activities as swimming, boating, tennis, fishing, soccer, etc.
RECREATION, PASSIVE: Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, reading, picnicking, and card, board, or table
games.
RECREATIONAL FACILITIES, INDOOR: A place designed and equipped for the
conduct of sports and leisure-time activities within an enclosed space. Examples
include gymnasiums, amusement arcades, health and fitness clubs, indoor tennis
and racquetball courts, bowling alleys, and indoor swimming pools. This definition
excludes indoor sports arenas, auditoriums, and exhibition halls.
RECREATIONAL FACILITIES, OUTDOOR: A place designed and equipped for the
conduct of sports and leisure-time activities with little or no enclosed space.
Examples include: private (commercial or private club) outdoor tennis courts,
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private outdoor swimming pools, batting cages, amusement parks, miniature golf
courses, golf driving ranges, and playgrounds. This definition excludes marinas,
parks, golf courses and outdoor sports arenas.
RECREATIONAL VEHICLE: A vehicle that is:
1. Built on a single chassis; and
2. Four hundred (400) square feet or less when measured at the largest
horizontal projection; and
3. Designed to be self-propelled or permanently towable by a light duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
quarters for recreational, camping, travel, or seasonal use.
This definition includes, but is not limited to, motor homes and travel trailers.
RECREATIONAL VEHICLE: (This definition is for flood hazard regulations in RMC 4-
3-050 use only.) A vehicle that is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest
horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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RECYCLABLES: Newspaper, uncoated mixed paper, aluminum, glass and metal
food and beverage containers, polyethylene terepthalate (PET #1) plastic bottles,
high density polyethylene (HDPE #2) plastic bottles, and such other materials that
the City and contractor determine to be recyclable.
RECYCLABLES DEPOSIT AREA: In multi-family residences, commercial, industrial
and other nonresidential development, the area(s) where recyclables will be
stored.
RECYCLING COLLECTION AND PROCESSING CENTER: A facility where collected
recyclable items are brought for sorting, compaction, transfer, and/or processing
including changing the form of materials.
RECYCLING COLLECTION STATION: A container or containers for the collection of
secondhand goods and recyclable materials.
REFUSE: A term synonymous with municipal solid waste (MSW) including all
accumulations of waste matters discarded as of no further value to the owner,
such as kitchen and table waste, wrappings and small discarded containers, and
small dead animals weighing not over fifteen (15) pounds, but shall exclude all
manure, sewage, large dead animals, petroleum products, cleanings from public
and private catch basins, washracks or sumps, bulk waste, recyclables, yard waste
and special or hazardous wastes.
REGULATED ACTIVITY: (For chapter 4-3 RMC, Critical Area Regulation Use only.)
All existing and proposed activities located within a regulated critical area or
critical area buffer.
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REGULATED SUBSTANCES: See RMC 4-5-120G.
RELIGIOUS INSTITUTIONS: Churches, synagogues, temples and other places
where gathering for worship is the principle purpose of the use. Typical accessory
uses associated with this use include licensed day care facilities, playground,
community meeting facilities, and private schools, rectory or convent, and offices
for administration of the institution.
REMOVAL OF VEGETATION: The actual removal or causing the effective removal
through damaging, poisoning, root destruction or other direct or indirect actions
resulting in the death of a tree or other vegetation.
RENTAL UNIT: Any dwelling unit which is occupied pursuant to a lawful rental
agreement, oral or written, express or implied, which was not owned as a
condominium unit or cooperative unit on the effective date of RMC 4-9-040,
Condominium Conversion Regulations. A dwelling unit in a converted building for
which there has been no acceptance of an offer of sale as of October 15, 1979,
shall be considered a rental unit.
REPAIR or MAINTENANCE: An activity that restores the character, scope, size, or
design of a serviceable area, structure, or land use to its previously existing,
authorized and undamaged condition. Activities that change the character, size,
or scope of a project beyond the original design are not included in this definition.
RESEARCH – SCIENTIFIC (SMALL SCALE): The gathering of data, information, and
facts for the advancement of knowledge. Small scale research is generally
sponsored by an organization or government agency. Facilities may consist of
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temporary offices, sheds, or structures that have a small footprint. The uses have
only limited impact on the underlying use of the site or environment as
determined by the Community and Economic Development Administrator. Such
scientific research may be conducted in a building or in the field, may include
investigation, testing or experimentation for study, research education,
mitigation, and demonstration of scientific principles and may be temporary in
nature.
RESTRICTIVE COVENANT: A restriction on the use of land set forth in a formal
binding agreement running with the land and binding upon subsequent owners of
the property.
RETAIL SALES: Establishments within a permanent structure engaged in selling
goods or merchandise available for immediate purchase and removal from the
premises by the general public for personal or household consumption and
rendering services incidental to the sale of such goods. This definition includes
department stores, retail shops, grocery stores and large format retailers
developing using a multi-story format. This definition excludes adult retail uses,
vehicle sales, wholesale retail, outdoor retail sales, eating and drinking
establishments, and taverns.
RETAIL SALES, OUTDOOR: The display and sale of products and services primarily
outside of a building or structure, including but not limited to garden supplies,
tires and motor oil, farmers markets, manufactured homes, burial monuments,
AGENDA ITEM # 7. f)
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building and landscape materials, lumber yards, vending machines, and retail
product lockers. This definition excludes adult retail uses, or vehicle sales.
RETAIL, WHOLESALE: A retail establishment accessible by the public engaged in
selling goods or merchandise to the general public as well as other retailers,
contractors, or businesses, and rendering services incidental to the sale of such
goods, involving a high volume of sales of products in a warehouse setting, and
may include, but is not limited to, membership warehouse clubs that emphasize
bulk sales, “big-box retail,” discount stores, and outlet stores. This definition
excludes warehousing, warehousing and distribution, vehicle sales, outdoor retail
sales, and adult retail uses. Wholesale retail is differentiated from general retail
by any of the following characteristics:
1. Items for sale include large, categorized products, e.g., lumber, appliances,
household furnishings, electrical and heating fixtures and supplies, wholesale and
retail nursery stock, etc.; and may also include a variety of carry-out goods (e.g.,
groceries, household, and personal care products);
2. A large inventory of goods and merchandise is stored on the subject site in
high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas;
and
3. High-volume truck traffic, regular pick-up and delivery of large items, and a
designated contractor pick-up area.
RETAINING WALL: A wall designed to resist lateral earth and/or fluid pressures,
including any surcharge, in accordance with accepted engineering practice. For
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the purposes of this Title, a “rockery” or “rock wall” is a type of retaining wall.
Structural components of stormwater facilities shall not be interpreted to be a
retaining wall.
RETAINING WALL HEIGHT: The vertical distance measured from the bottom of the
footing to the finish grade at the top of the wall (i.e., upper soil grade).
RETAINING WALL HEIGHT, EXPOSED: The vertical distance measured from the
finish grade at the bottom of the wall (i.e., lower soil grade) to the finish grade at
the top of the wall (i.e., upper soil grade). This height does not include the depth
of footing below grade.
RIPARIAN AREA: The upland area immediately adjacent to and paralleling a body
of water and is usually composed of trees, shrubs and other plants. Riparian
functions include bank and channel stability, sustained water supply, flood
storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant
filtering, shade, shelter, and other functions that are important to both fish and
wildlife.
ROADWAY: That portion of a street intended for the accommodation of vehicular
traffic, generally within curb lines.
ROCKERY: One or more courses of rocks stacked against an exposed soil face to
protect the soil face from erosion and sloughing. The bottom course of rocks bears
on the foundation soils and the upper rocks bear partially or entirely on the rocks
below. A rockery is also known as a “rock wall.”
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ROOFS, PITCHED: A shed, gabled or hipped roof having a slope or pitch of at least
one foot (1') rise for each four feet (4') of horizontal distance in the direction of
the slope or pitch of the roof.
ROUTINE VEGETATION MANAGEMENT: Tree and other vegetation management
undertaken as part of a regularly scheduled program of maintenance and repair
of property.
SECTION IX. Section 4-11-190 of the Renton Municipal Code, as amended by Ordinance
No. 6095 passed by City Council on November 28, 2022, is amended as shown below.
SALES/MARKETING TRAILERS, ON-SITE: Trailers used for temporary on-site sales
and marketing of developments and/or construction sites.
SALMONID MIGRATION BARRIER: An in-stream blockage that consists of a
natural drop (no human influence) with an uninterrupted slope greater than one
hundred percent (100%) (forty five (45) degree angle) and a height in excess of
eleven (11) vertical feet within anadromous salmon-bearing waters or a height in
excess of three (3) vertical feet within resident trout-only bearing waters. Human-
made barriers to salmonid migration (e.g., culverts, weirs, etc.) shall be considered
barriers to salmonid migration by this definition, only if they were lawfully
installed; permanent; present a complete barrier to salmonid passage based on
hydraulic drop, water velocity, water depth, or any other feature which would
prevent all salmonids from passing upstream; and in the opinion of the
Community and Economic Development Administrator cannot be modified to
provide salmonid passage without resulting in significant impacts to other
AGENDA ITEM # 7. f)
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environmental resources, major transportation and utility systems, or to the
public, and would have significant expense. For the purposes of this definition,
“significant expense” means a cost equal to or greater than fifty percent (50%) of
the combined value of the proposed site buildings, structures, and/or site
improvements, and existing buildings, structures, and/or site improvements to be
retained.
SCHOOLS/STUDIOS, ARTS AND CRAFTS: Schools and studios for education in
various arts and crafts including but not limited to photography, dance, music, and
language skills.
SCOUR: The erosive action of running water in streams, which excavates and
carries away material from the bed and banks. Scour may occur in both earth and
solid rock material.
SECONDARY CONTAINMENT: See RMC 4-5-120G.
SECURE COMMUNITY TRANSITION FACILITY (SCTF): A residential facility for
persons civilly committed and conditionally released to a less restrictive
alternative under chapter 71.09 RCW. A secure community transition facility has
supervision and security, and either provides or ensures the provision of sex
offender treatment services. Secure community transition facilities include but
are not limited to the facilities established pursuant to RCW 71.09.250 and any
community-based facilities established under chapter 71.09 RCW and operated by
or under contract with the Washington State Department of Social and Health
Services. (Ord. 4982, 9-23-2002)
AGENDA ITEM # 7. f)
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SEGREGATION: Division of land into lots or tracts each of which is one-one
hundred twenty eighth (1/128) of a section of land or larger, or five (5) acres or
larger if the land is not capable of description as a fraction of a section of land.
SENSITIVE AREAS: See CRITICAL AREAS.
SEPA: The State Environmental Policy Act of 1971 (chapter 43.21C RCW).
SERVICEABLE: Presently usable.
SERVICES, OFF-SITE: Establishments primarily engaged in providing individual or
professional services at the customer’s home or place of business. Examples of
off-site services include, but are not limited to, temporary employment services,
janitorial services, and professional house cleaner services. This definition
excludes social service organizations and on-site services.
SERVICES, ON-SITE: Establishments primarily engaged in providing individual or
professional services within the place of business, such as beauty and barber
shops, retail laundry and dry-cleaning including coin-operated, garment
alterations and repair, photo studios, shoe repair, pet grooming, real estate
offices, personal accountants, indoor rental services, and repair of personal or
household items, except for vehicle repair. This definition excludes adult retail
uses, social service organizations, and off-site services.
SETBACK: The minimum required distance between the building footprint and the
property line and any private access easement or tract. For lots containing private
access easements, setbacks are the minimum required distance between the
building footprint and the easement. A setback is measured perpendicularly from
AGENDA ITEM # 7. f)
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a lot line or private easement access to the outer wall of the structure. In the case
where a structure does not have an outer wall, such as a carport, the
measurement shall be to the posts of such structure, unless otherwise determined
by the Department of Community and Economic Development.
SETBACK: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A required land area specified in the Shoreline Master
Program, measured horizontally upland from and perpendicular to the Vegetation
Conservation Buffer within which no buildings or other permanent structures may
be constructed and that serves to protect the vegetation conservation buffer
during development activities, use, and routine maintenance of structures and
improvements landward of the building setback.
SETBACK LINE, LEGAL: The line established by ordinance beyond which no
building may be built.
SEWAGE: See RMC 4-6-100.
SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility designed for the
collection, removal, treatment, and disposal of waterborne sewage. This
definition excludes disposal facilities.
SEWAGE TREATMENT PLANT: See RMC 4-6-100.
SEWAGE WORKS: See RMC 4-6-100.
SEWER: See RMC 4-6-100.
SEWER, BUILDING: See RMC 4-6-100.
SEWER, PUBLIC: See RMC 4-6-100.
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SEWER, SANITARY: See RMC 4-6-100.
SHARED PARKING: Use of a parking area for more than one use.
SHOPPING CENTER: A group of buildings, structures and/or uncovered
commercial areas, or a single building containing four (4) or more individual
commercial establishments, planned, developed and managed as a unit related in
location and type of shops to the trade areas that the unit serves.
SHORELAND or SHORELAND AREAS: Those lands extending landward for two
hundred feet (200') in all directions, as measured on a horizontal plane from
ordinary high water mark; floodways and contiguous floodplain areas landward
two hundred feet (200') from such floodways; and all marshes, bogs, swamps, and
river deltas, associated with streams, lakes and tidal waters which are subject to
the provisions of the State Shorelines Management Act. For purposes of
determining jurisdictional area, the boundary will be either two hundred feet
(200') from the ordinary high water mark, or two hundred feet (200') from the
floodway, whichever is greater.
SHORELINE STABILIZATION: Structural and nonstructural methods to address
erosion impacts to property and dwellings, businesses, or structures caused by
natural processes, such as currents, floods, tides, wind, or wave action.
SHORELINES: All of the water areas of the State regulated by the City of Renton,
including reservoirs, and their associated shorelands, together with the lands
underlying them, except:
1. Shorelines of statewide significance.
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2. 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.
3. Shorelines on lakes less than twenty (20) acres in size and wetlands
associated with such small lakes.
SHORELINES OF STATEWIDE SIGNIFICANCE: Those shorelines described in
RCW 90.58.030(2)(e).
SHORELINES OF THE STATE: The total of all “shorelines” and “shorelines of
statewide significance” regulated by the City of Renton.
SHORT PLAT: The map or representation of a short subdivision. See PLAT, SHORT.
SHORT SUBDIVISION: See PLAT, SHORT.
SIDE SEWER: See RMC 4-6-100.
SIDE SEWER STUB: See RMC 4-6-100.
SIDE YARD: See YARD REQUIREMENT.
SIDEWALK: A concrete walkway separated from the roadway by a curb, planting
strip or roadway shoulder.
SIGHT TRIANGLE: See CLEAR VISION AREA.
SIGN: Any medium, including merchandise, its structure and component parts,
that is used or intended to be used to attract attention to the subject matter for
advertising purposes. Signs do not include sculptures, wall paintings, murals,
AGENDA ITEM # 7. f)
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collages, and other design features determined to be public art by the City.
SIGN, A-FRAME: See SIGN, PORTABLE.
SIGN, ANIMATED: A sign with action or motion, flashing or color changes requiring
electrical energy, electronic or manufactured source of supply, but not including
revolving signs or wind actuated elements such as flags or banners.
SIGN AREA: A measurement of the total area of a sign visible from any one
viewpoint or direction, excluding the sign support structure, architectural
embellishments, or, framework that contains no written copy, or does not form
part of the sign proper or of the display. Freestanding letters or characters, where
no background is specially provided, shall be measured by determining the
smallest rectangle or polygon that encloses the extreme limits of the shapes to be
used.
SIGN, COMBINATION: Any sign incorporating any combination of the features of
pole, projecting and roof signs.
AGENDA ITEM # 7. f)
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SIGN, ELECTRIC: Any sign containing or utilizing electrical wiring, but not including
signs illuminated by an exterior light source.
SIGN, ELECTRONIC MESSAGE BOARD: Signs whose alphabetic, pictographic, or
symbolic informational content can be changed or altered on a fixed display
screen composed of electrically illuminated segments.
SIGN, FREESTANDING: A sign wholly supported by a sign structure in the ground.
SIGN, GROUND: A type of freestanding sign, other than a freestanding pole sign,
in which the sign is in contact with or close to the ground, has a solid base anchor,
and is independent of any other structure.
SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated,
to the top of the sign or sign structure.
SIGN, ON-PREMISES: A sign which displays only advertising copy strictly incidental
to the lawful use of the premises on which it is located, including signs or sign
devices indicating the business transacted at, services rendered, goods sold or
produced on the immediate premises, name of the business, person, firm or
corporation occupying the premises.
SIGN, POLITICAL: Signs advertising a candidate or candidates for public, elective
office or a political party, or signs urging a particular vote or action on a public
issue decided by ballot whether partisan or nonpartisan.
SIGN, PORTABLE: A sign not permanently affixed which is designed for or capable
of movement, except for those signs explicitly designed for people to carry on
their persons or which are permanently affixed to motor vehicles.
AGENDA ITEM # 7. f)
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A. Sign, A-Frame: A nonilluminated type of portable sign comprised of hinged
panels configured in the shape of the alphabetic letter “A.” These signs contact
the ground but not are not anchored to the ground and are independent of any
other structure.
SIGN, PRIMARY ENTRY: A type of freestanding sign, other than a pole sign, of ten
feet (10') or less in height, in which the sign is in contact with the ground, has a
solid base anchor, and is independent of any other structure and serves the
function of directing customers to the main entrance of a multi-tenant building or
multi-building complex.
SIGN, PROJECTING: A sign other than a wall sign which projects from and is
supported by a wall or a building or structure, and does not extend above any
adjacent parapet or roof of the supporting building.
SIGN, REAL ESTATE: A sign advertising and/or directing individuals to the sale, rent
or lease of property.
A. Commercial Real Estate Banner Sign: A sign of any shape made of
lightweight fabric or similar material that is mounted to a building by any means,
and indicating that the property is for sale, rent, or lease. National flags, state or
municipal flags, holiday flags, or the official flag of any institution or business shall
not be considered banners.
B. Decorative Real Estate Flag: A portion of lightweight fabric or similar
material, supported by a vertical or horizontal staff, intended to flutter in the
wind, and is used to attract attention to any type of residential development for
AGENDA ITEM # 7. f)
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sale, rent, or lease. National flags, state or municipal flags, holiday flags, or the
official flag of any institution or business shall not be considered banners.
C. Freestanding Real Estate Signs: Any type of nonilluminated freestanding
sign, indicating that the property on which it is located, is for sale, rent, or lease.
This sign type includes yardarm or ground signs.
D. Open House Sign: A nonilluminated type of portable sign comprised of
hinged panels configured in the shape of the alphabetic letter “A,” no larger than
thirty two inches wide by thirty six inches high (32" by 36") per each sign face. The
sign text for an open house sign contains the phrase: “open” or “for sale” or “for
rent” or “for lease.”
E. Real Estate Directional Sign: Any nonilluminated type of freestanding sign
that provides direction to property(ies) for sale, rent, or lease. Within the City
Center Sign Regulation Boundaries (as shown in RMC 4-4-100H3), real estate
directional signs may also include portable signs comprised of hinged panels
configured in the shape of the alphabetic letter “A.”
F. Real Estate Sign Kiosk: A City-approved monument style sign in the public
right-of-way or on private property consolidating numerous real estate directional
signs and designed to reduce sign clutter.
G. Real Estate Sign Kiosk Directional Panel: A sign affixed within an approved
real estate sign kiosk indicating direction to various real estate developments.
SIGN, ROOF: A sign erected upon or above a roof or parapet of a building or
structure.
AGENDA ITEM # 7. f)
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SIGN STRUCTURE: Any structure which supports or is capable of supporting any
sign as defined in this Title. A sign structure may be a single pole and may not be
an integral part of the building.
SIGN, TEMPORARY: Any sign, banner, or advertising display constructed of cloth,
canvas, light fabric, cardboard, wallboard or other light materials, with or without
frames, or advertising device intended to be displayed only for a limited period of
time including the following types of signs:
A. Advertising Device: Balloons, flags, inflatable statuary and figures, light
strings, pennants/streamers, portable readerboards, searchlights, wind-animated
devices, and similar devices of a carnival nature.
B. Balloon: A spherical, flexible, nonporous bag inflated with air or gas lighter
than air, such as helium, and intended to float in the air.
C. Banner: Any sign of lightweight fabric or similar material that is mounted to
a pole and/or building by any means. National flags, state or municipal flags,
holiday flags, or the official flag of any institution or business shall not be
considered banners. A banner is not defined by shape and may be square,
rectangular, round, triangular/pennant shaped, etc.
1. Banner, Pole Hung: A banner attached at its top and bottom to a pole
or light standard by extensions from the pole.
2. Banner, Pole/Wall Strung: A banner attached at its top and bottom
corners strung between buildings, poles, and/or light standards.
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3. Banner, Wall Hung: A banner attached to a building and where the
banner lies flat against the building surface at all times.
D. Devices of a Carnival Nature: All temporary signs, advertising devices,
lights, and other means of attracting attention, which are commonly associated
with carnival settings, and which are not otherwise specifically identified in the
Renton Municipal Code. Fabric or plastic bunting shall be considered one type of
carnival device.
E. Flag: A piece of cloth or plastic, supported by a vertical or horizontal staff,
which is intended to flutter in the wind.
F. Inflatable Statuary: An advertising device that is inflated and the likeness of
an animate or inanimate object or cartoon figure is used to attract attention,
advertise, promote, market, or display goods and/or services.
G. Manual Message Board: Any sign that is designed so that characters,
letters, or illustrations can be changed or rearranged by hand without altering the
face or the surface of the sign.
H. Pennant/Streamer: An individual object and/or series of small objects
made of lightweight plastic, fabric, or other material, which may or may not
contain text, which is suspended from and/or twined around a rope, wire, or
string.
I. Readerboards, Portable: A sign which is self-supporting but not
permanently attached to the ground or building and can be moved from one
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location to another and is typically internally illuminated. Portable readerboards
are also known as “trailer signs.”
J. Sign, Rigid Portable: A sign which is not permanently affixed and designed
for or capable of movement. Those signs explicitly designed for people to carry on
their persons or which are permanently affixed to motor vehicles are considered
to be rigid portable signs. A rigid portable sign is not considered to be a portable
readerboard or “trailer sign.”
K. Sign, Window: Any sign, temporary or permanent, designed to
communicate information about an activity, business, commodity, event, sale, or
service, that is placed inside a window. Interior display of merchandise for sale,
including accessory mannequins and other props, shall not be considered window
signs.
L. Wind-Animated Object: Any device, e.g., windsocks, pinwheels, whirligigs,
etc., whose primary movements are caused by the wind or atmospheric
conditions, attached by a tether. A balloon or inflatable statuary, with or without
moveable parts, is not considered a wind-animated object.
SIGN, TRADITIONAL MARQUEE: A sign typically associated with movie theaters,
performing arts theaters, and theatrical playhouses. The sign is attached flat
against and parallel to the surface of a marquee structure. In addition, a
changeable copy area is included where characters, letters, or illustrations can be
changed or rearranged without altering the face or the surface of the sign.
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SIGN, UNDER MARQUEE: A lighted or unlighted display attached to the underside
of a marquee protruding over public or private sidewalks. Under marquee signs
may also be called “under awning” or “under canopy” signs.
SIGN, WALL: Any sign painted, attached or erected against the wall of a building
or structure, with the exposed face of the sign in a plane parallel to the plane of
said wall. In order to be considered a wall sign, a sign may not extend above any
adjacent parapet or the roof of the supporting building.
SIGNIFICANT #2 RATING: A rating assigned to wetlands in King County that are
greater than one acre in size; equal to or less than one acre in size and having a
forested vegetation class; or the presence of heron rookeries or raptor nesting
trees.
SINGLE-WALLED: See RMC 4-5-120G.
SITE: A single lot, or two (2) or more contiguous lots that, under common
ownership or documented legal control, were developed or are part of a
development proposal.
SITE PLAN: A detailed plan drawing, prepared to scale, showing accurate
boundaries of a site and the location of all buildings, structures, uses, and principal
site development features proposed for a specific parcel or parcels of land.
SLOPE: An inclined ground surface the inclination of which is expressed as a ratio
of horizontal distance to vertical distance, which may be regulated or unregulated.
SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two (2) classes
of slope, sensitive or protected.
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A. Slope, Protected: A hillside, or portion thereof, with an average slope, as
identified in the City of Renton Steep Slope Atlas or in a method approved by the
City, of forty percent (40%) or greater grade and having a minimum vertical rise of
fifteen feet (15').
B. Slope, Sensitive: A hillside, or portion thereof, characterized by: (1) an
average slope, as identified in the City of Renton Steep Slope Atlas or in a method
approved by the City, of twenty five percent (25%) to less than forty percent
(40%); or (2) an average slope, as identified in the City of Renton Steep Slope Atlas
or in a method approved by the City, of forty percent (40%) or greater with a
vertical rise of less than fifteen feet (15'), abutting an average slope, as identified
in the City of Renton Steep Slope Atlas or in a method approved by the City, of
twenty five percent (25%) to forty percent (40%). This definition excludes
engineered retaining walls.
SMOKING LOUNGE: A club or facility where smoking occurs, including but not
limited to the smoking of any kind of lighted pipe, cigar, cigarette, or any other
lighted smoking equipment.
SMP: City of Renton’s Shoreline Master Program.
SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide
counseling, therapy, job training, educational classes, food banks, clothing banks,
or other social or human services to persons needing such services, but do not
provide crisis intervention, day or night shelter, or case management. This does
not include religious institutions, offices, government facilities, schools, hospitals,
AGENDA ITEM # 7. f)
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clinics, day care, homeless services uses, medical institutions, diversion facilities,
lodging in any form, or residential uses.
SOIL ENGINEER: A licensed civil engineer experienced and knowledgeable in the
practice of soil engineering.
SOIL ENGINEERING: The application of the principles of soil mechanics in the
investigation, evaluation and design of civil works involving the use of earth or
other materials and the inspection and testing of the construction thereof.
SOIL ENGINEERING REPORT: A report including data regarding the nature,
distribution, and strength of existing soils, conclusions and recommendations for
grading procedures and design criteria for corrective measures when necessary,
and options and recommendations covering adequacy of sites to be developed by
the proposed grading.
SOLAR ACCESS: Sunlight exposure on land without impairment by other
development.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial
purpose of which is to provide for interior lighting or provide for the collection,
storage, and distribution of solar energy for space heating or cooling, electricity
generation, or water heating.
SOLAR ENERGY SYSTEM, GROUND MOUNTED, SMALL-SCALE: A solar energy
system that is structurally mounted to the ground and typically a size that would
service a house, small business, or small municipal building.
SOLID WASTE: Shall be defined pursuant to WAC 173-350-100.
AGENDA ITEM # 7. f)
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SPECIFIED ANATOMICAL AREAS:
1. Less than completely and opaquely covered human genitals, anus, pubic
region, buttock, or female breast below a point immediately above the top of the
areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation,
or bestiality;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breasts, whether clothed or unclothed, of oneself or of one person by
another; or
4. Excretory functions as part of or in connection with any of the activities set
forth in this definition.
SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS, INDOOR: A large
enclosed facility used for professional, semi-professional spectator sports, arena
concerts, expositions, and other large-scale public gatherings. This definition
includes stadiums, concert halls, auditoriums, exhibition halls, and accessory
eating and drinking establishments. This definition excludes sports arenas or
stadiums associated with schools, cultural facilities, movie theaters, and
entertainment clubs.
AGENDA ITEM # 7. f)
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SPORTS ARENAS, OUTDOOR: A large outdoor facility used for professional, semi-
professional spectator sports, arena concerts, and other large-scale public
gatherings. This definition includes but is not limited to stadiums, concert arenas,
and accessory eating and drinking establishments. This definition excludes sports
arenas or stadiums associated with schools, cultural facilities, movie theaters, and
entertainment clubs.
STABLES, COMMERCIAL: A land use on which large lot domestic animals are kept
for sale or hire to the public. Breeding, boarding, or training of large lot domestic
animals may also be conducted.
STACKING SPACE: The space specifically designated as a waiting area for vehicles
whose occupants will be patronizing a drive-through business. Such space is
considered to be located directly alongside a drive-in window, facility or entrance
used by patrons and in lanes leading up to the business establishment.
START OF CONSTRUCTION: Includes substantial improvement and means the
date the building permit was issued; provided, the actual start of construction,
repair, reconstruction, placement or other improvement was within one hundred
eighty (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets and/or
AGENDA ITEM # 7. f)
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walkways; nor does it include excavation for a basement, footings, piers, or
foundation or the erection of temporary forms; nor does it include the installation
on the property as accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
STORAGE, BULK:
1. The holding or stockpiling on land of material and/or products where such
storage constitutes forty percent (40%) of the developed site area and the storage
area is at least one acre, and where at least three (3) of the following criteria are
met by the storage activity:
a. In a bulk form or in bulk containers;
b. Under protective cover to the essential exclusion of other uses of the
same space due to special fixtures or exposed to the elements;
c. In sufficient numbers, quantities or spatial allocation of the site to
determine and rank such uses as the principal use of the site;
d. The major function is the collection and/or distribution of the material
and/or products rather than processing; and
e. The presence of fixed bulk containers or visible stockpiles for a
substantial period of a year.
2. Bulk storage facilities include, but are not limited to:
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a. Automobile holding and transfer depots;
b. Brick or tile storage and manufacturing;
c. Concrete block and products storage and manufacturing;
d. Contractor equipment yards;
e. Equipment or machinery of the stationary type not in use, not mounted
on necessary foundations or connected as required when during use, not
designated and used as portable, and not stored in a warehouse. This includes
operable motor vehicles or wheeled equipment used only periodically where
storage durations exceed those provided for parking lots as defined in RMC 4-4-
080, Parking, Loading and Driveway Regulations;
f. Foundries;
g. Fuel yards, wholesale;
h. Grain or feed sites, elevators, or the open storage of grain and feed;
i. Log, random cut and chipped wood by-products storage;
j. Lumber mills and wholesalers;
k. Sand and gravel yards including sizing, transfer and loading equipment
when present;
l. Scrap or junk yards and wrecking yards;
m. Solid waste holding and disposal areas;
n. Tank farms including distribution and loading systems.
3. Bulk storage facilities exclude:
a. Land banks, greenbelts, watersheds or public water reservoirs;
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b. Parking lots or structures for private licensed automobiles;
c. Ship yards;
d. Warehouses alone or in conjunction with manufacturing on the site and
when not including any of the uses listed above in subsection (2)(a) through (2)(n)
of this definition;
e. Facilities for storage of petroleum or any of its by-products, for use
incidental to the primary use of the property (e.g., heating, boiler or vehicular fuel
or lubricants);
f. Retail service stations;
g. Retail sales lots for new or used automobiles.
STORAGE, HAZARDOUS MATERIAL, ON-SITE OR OFF-SITE, INCLUDING
TREATMENT: A facility engaged in storage of materials, produced on-site or
brought from another site, that are inflammable, explosive, or that present
hazards to the public health, safety, and welfare including all substances and
materials as defined under hazardous materials, hazardous substances, and
hazardous waste.
STORAGE, INDOOR: A use engaged in the storage of goods and/or materials
characterized by infrequent pick-up and delivery, and located within a building.
The definition excludes bulk storage, hazardous material storage, self-service
storage, warehousing and distribution, and vehicle storage.
STORAGE, OUTDOOR: The outdoor accumulation of material or equipment for
the purpose of sale, rental, use on site, or shipping to other locations. This
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definition excludes bulk storage, hazardous material storage, warehousing and
distribution, vehicle storage, and outdoor retail sales.
STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses for self-
service storage of personal property. This definition excludes indoor storage,
warehousing, outdoor storage, bulk storage, and hazardous material storage.
STORAGE, VEHICLE: An indoor or outdoor area for parking or holding of motor
vehicles and boats or wheeled equipment for more than seventy-two (72) hours.
This definition excludes bulk storage, vehicle sales, vehicle rental, tow truck
operation/auto impoundment yard, auto wrecking yard, outdoor storage, and
indoor storage.
STORM SEWER and STORM DRAIN: A sewer which carries storm surface water,
subsurface water and drainage. See RMC 4-6-100.
STORMWATER FACILITY: A constructed component of a stormwater drainage
system, designed or constructed to perform a particular function, or multiple
functions. Stormwater facilities include, but are not limited to, pipes, swales,
ditches, culverts, street gutters, detention ponds, retention ponds, constructed
wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration
swales. They may also include low impact development BMPs/facilities. Also
referred to as “Drainage Facility.”
STORY: That portion of a building included between the upper surface of any floor
and the upper surface of the floor above, except that the topmost story shall be
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that portion of a building included between the upper surface of the topmost floor
and the ceiling or roof above, unless such area meets the definition of an attic. If
the finished floor level directly above a usable or unused under-floor space is more
than six feet (6') above grade for more than fifty percent (50%) of the total
perimeter or is more than twelve feet (12') above grade at any point, such usable
or unused under-floor space shall be considered as a story.
STORY, FIRST: The lowest story in a building that qualifies as a story, as defined
herein, except that a floor level in a building having only one floor level shall be
classified as a first story, provided such floor level is not more than four feet (4')
below grade for more than fifty percent (50%) of the total perimeter, or not more
than eight feet (8') below grade at any point.
STREAM ALTERATION: The relocation or change in the flow of surface water
runoff flowing in a natural or modified channel.
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STREAM/LAKE CLASS: The stream and lake waters in the City are defined by class
as indicated in RMC 4-3-050.
STREET AMENITIES: See STREET FURNITURE.
STREET, ARTERIAL: Street intended for higher traffic volume and speed and
classified as a principal or minor arterial on the City of Renton Arterial Street Plan.
STREET, COLLECTOR:
1. A street providing access with higher traffic volumes than a typical
residential, commercial, or industrial access street. Collector streets are
designated by the Public Works Department.
2. A street classified as a collector street on the City of Renton Arterial Street
Plan.
STREET, COMMERCIAL ACCESS: A non-arterial street providing access to
commercial land uses.
STREET FRONTAGE: The portion of a lot or structure abutting a public or private
right-of-way. Structures adjacent yet not adjoining a right-of-way shall be
considered abutting if located within twenty feet (20').
STREET FURNITURE: Objects, such as outdoor seating, kiosks, bus shelters, tree
grates, trash receptacles, and fountains that have the potential for enlivening and
giving variety to streets, sidewalks, plazas, and other outdoor spaces open to, and
used by, the public.
STREET GRID PATTERN, MODIFIED: A street system based upon a traditional grid
pattern; however, offset intersections, loop roads, as well as angled or curved
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road segments may also be utilized on a limited basis. The block pattern is
characterized by regular (i.e., rectangular or trapezoidal) blocks.
STREET GRID PATTERN, TRADITIONAL: A system of platting, or of street design,
that features parallel and perpendicular streets and intersections of streets at
right angles that form short blocks.
STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial
land uses.
STREET, PEDESTRIAN-ORIENTED: An area with streets and sidewalks specifically
designated as such and intended for use by people walking; with special design
and spatial treatment of building frontages; built at human scale; with uses of
interest to and functional for people on foot; and designed to hold interest for
pedestrians by encouraging walking, browsing, and taking in the scene, as
designated via Master Plans or similar documents approved by the City.
STREET, RESIDENTIAL ACCESS: A non-arterial street providing access to residential
land uses, and not designated as a collector street by the Public Works
Department.
STRUCTURE: That which is built or constructed, an edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in
some definite manner.
STRUCTURE: (This definition is for flood hazard regulations in RMC 4-3-050 use
only.) A walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
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STRUCTURE: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A permanent or temporary edifice or building, or any piece
of work artificially built or composed of parts joined together in some definite
manner, whether installed on, above, or below the surface of the ground or water,
except for vessels.
SUBDIVISION: The division or redivision of land into lots, tracts, parcels, sites or
divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT
and PLAT, SHORT.
SUBDIVISION: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A parcel of land divided into two (2) or more parcels.
SUBDIVISION, PHASED: A subdivision which is, or is intended to be, recorded in
increments over a period of time.
SUBDIVISION, UNIT LOT: A division of land (parent site), for the purpose of sale,
lease, or transfer of ownership, underlying existing or proposed attached
townhouse dwelling units that creates a unit lot for each dwelling, for which one
or more boundaries of the individual unit lots coincide with the walls of the
townhouse structure which separate individual attached townhouse dwelling
units.
SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or
approval action.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
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exceed fifty percent (50%) of the market value of the structure before the damage
occurred.
SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair
market value exceeds five thousand dollars ($5,000.00) or any development which
materially interferes with the normal public use of the water or shoreline of the
State. Exemptions in RCW 90.58.030(3)(e) and in RMC 4-9-190C are not
considered substantial developments.
SUBSTANTIAL DEVELOPMENT PERMIT: The shoreline management substantial
development permit provided for in Section 14 of the Shoreline Management Act
of 1971 (RCW 90.58.140).
SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as
residential and/or commercial structures and their accessory structures, that have
a reasonable remaining economic life as indicated by their assessed valuation.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or
other improvement of a structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure before the “start of
construction” of the improvement. This term includes structures which have
incurred “substantial damage,” regardless of the actual repair work performed.
The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified
existing violations of state or local health, sanitary, or safety code specifications
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that have been identified by the local code enforcement official and that are the
minimum necessary to assure safe living conditions; or
2. Any alteration of a “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as a “historic structure.”
SUBTENANT: A person in possession of rental unit through the tenant with the
knowledge and consent, express or implied, of the owner.
SURFACE WATER DESIGN MANUAL: A manual, as it exists or may be amended,
adopted by reference by the City of Renton, which provides stormwater permit
implementation and management guidance consistent with the current version of
the King County Surface Water Design Manual.
SURVEY STANDARDS: City of Renton Survey Standards as adopted by the
Planning/Building/ Public Works Department.
SECTION X. Section 4-11-230 of the Renton Municipal Code is amended as follows:
4-11-230 Definitions W:
WALL PLATE: A horizontal member built into or laid along the top of a wall to
support and distribute the pressure from joists, rafters, etc.
WALL PLATE HEIGHT: The vertical distance from the grade plane of a site to the
top of one or more wall plates of a building located thereon.
WAREHOUSING: A use located wholly within a building engaged in the storage of
goods and/or materials characterized by infrequent pick-up and delivery. The
definition includes data centers, but excludes bulk storage, hazardous material
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storage, self-service storage, warehousing and distribution, fulfillment centers,
wholesale retail, and vehicle storage.
WAREHOUSING AND DISTRIBUTION: A use engaged in storage and distribution of
manufactured products, supplies, and equipment. This use excludes hazardous
material storage, indoor storage, outdoor storage, self-service storage, and
vehicle storage, and warehousing, storage, or distribution for commercial laundry
operations within the Downtown Business District City of Renton Urban Center.
WASTE RECYCLING AND TRANSFER FACILITIES: Facilities for the collection of solid
waste for either recycling or transfer to a landfill or disposal facility. This definition
includes but is not limited to concrete and construction material recycling
operations.
WATER AUTHORITY: The City of Renton Water Utility, or any other municipal or
quasi-municipal entity distributing water to fire hydrants within the City of
Renton.
WATERCOURSE: See RMC 4-6-100.
WATER-DEPENDENT USE: Referring to uses or portions of a use which cannot exist
in any other location and is dependent on the water by reason of the intrinsic
nature of its operations. Examples of water-dependent uses may include ship
cargo terminal loading areas, ferry and passenger terminals, barge loading
facilities, ship building and dry docking, marinas, aquaculture, float plane facilities
and sewer outfalls.
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WATER-ENJOYMENT USE: Referring to a recreational use, or other use facilitating
public access to the shoreline as a primary characteristic of the use; or a use that
provides for recreational use or aesthetic enjoyment of the shoreline for a
substantial number of people as a general characteristic of the use and which
through the location, design and operation assures the public’s ability to enjoy the
physical and aesthetic qualities of the shoreline. In order to qualify as a water-
enjoyment use, the use must be open to the general public and the shoreline-
oriented space within the project must be devoted to the specific aspects of the
use that fosters shoreline enjoyment. Primary water-enjoyment uses may include,
but are not limited to, parks, piers and other improvements facilitating public
access to the shorelines of the State; and general water-enjoyment uses may
include, but are not limited to, restaurants, museums, aquariums,
scientific/ecological reserves, resorts/hotels, riverwalk developments, and
multiple use commercial/office/residential developments; provided, that such
uses conform to the above water-enjoyment specifications and the provisions of
the Shoreline Master Program.
WATER-ORIENTED USE: “Water-oriented” refers to a use that is water-
dependent, water-related, water-enjoyment, or a combination of such uses.
WATER-RELATED USE: Referring to a use or portion of a use which is not
intrinsically dependent on a waterfront location, but whose economic viability is
dependent upon a waterfront location because:
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1. Of a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent
commercial activities and the proximity of the use to its customers makes its
services less expensive and/or more convenient. Examples include manufacturers
of ship parts large enough that transportation becomes a significant factor in the
products cost, professional services serving primarily water-dependent activities
and storage of water-transported foods.
Examples of water-related uses may include warehousing of goods
transported by water, seafood processing plants, hydroelectric generating plants,
gravel storage when transported by barge, oil refineries where transport is by
tanker, and log storage.
WELL: A pit or hole dug into the earth to reach an aquifer.
WELL FIELD: An area which contains one or more wells for obtaining a potable
water supply.
WELLHEAD PROTECTION AREA: See AQUIFER PROTECTION AREA.
WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and
protect a wetland from adverse impacts to its functions and values. Buffers are
designated areas abutting a regulated wetland which protect the wetland from
changes in the location of the wetland edge. Wetland buffers minimize the short
and long term impacts of development on properties abutting wetlands, preserve
important wildlife habitat, allow for infiltration and water quality improvement,
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protect buildings, roads and other infrastructure as well as property owners from
flood damage in years of high precipitation.
WETLAND CATEGORY: A classification system used for the purpose of regulating
wetlands in the City. The criteria for determining a wetland’s category are listed
in RMC 4-3-050M.
WETLAND CREATION (OR ESTABLISHMENT): The manipulation of the physical,
chemical, or biological characteristics present to develop a wetland that did not
previously exist on an upland or deepwater site. Establishment results in a gain in
wetland acres.
WETLAND, DISTURBED: Wetlands meeting the following criteria:
1. Are characterized by hydrologic isolation, hydrologic alterations such as
diking, channelization, and/or outlet modification; and
2. Have severe soils alterations such as the presence of large amounts of fill,
soil removal and/or compaction of soils.
WETLAND EDGE: The boundary of a wetland as delineated using the Corps of
Engineers Wetlands Delineation Manual.
WETLAND, EMERGENT: A regulated wetland with at least thirty percent (30%) of
the surface area covered by erect, rooted herbaceous vegetation as the
uppermost vegetative strata.
WETLAND ENHANCEMENT: The manipulation of the physical, chemical, or
biological characteristics of a wetland (undisturbed or degraded) site to heighten,
intensify, or improve specific function(s) or for a purpose such as water quality
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improvement, flood water retention or wildlife habitat. Enhancement results in a
change in wetland function(s) and can lead to a decline in other wetland function,
but does not result in a gain in wetland acres. This term includes activities
commonly associated with the terms “enhancement,” “management,”
“manipulation,” and “directed alteration.”
WETLAND, FORESTED: A vegetation community with at least twenty percent
(20%) of the surface area covered by woody vegetarian (trees) greater than
twenty feet (20') in height.
WETLAND, IN-KIND COMPENSATION: To replace wetlands with substitute
wetlands whose characteristics closely approximate those destroyed or degraded
by a regulated activity.
WETLAND, ISOLATED: Those regulated wetlands which:
1. Are outside of and not contiguous to any one hundred (100) year floodplain
of a lake, river, or stream; and
2. Have no contiguous hydric soil or hydrophytic vegetation between the
wetland and any surface water.
WETLAND, OFF-SITE COMPENSATION: To replace wetlands away from the site on
which a wetland has been impacted by a regulated activity.
WETLAND, ON-SITE COMPENSATION: To replace wetlands at or adjacent to the
site on which a wetland has been impacted by a regulated activity.
WETLAND PROTECTION/MAINTENANCE: The removal of a threat to, or
preventing decline of, wetland conditions by an action in or near a wetland.
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Includes purchase of land or easements, repairing water control structures or
fences, or structural protection such as repairing a barrier island. This term also
includes activities commonly associated with the term “preservation.”
Protection/maintenance does not result in a gain of wetland acres or function.
WETLAND, REGULATED: See RMC 4-3-050.
WETLAND RESTORATION: The manipulation of the physical, chemical, or
biological characteristics of a site with the goal of returning natural/historic
functions to former or degraded wetland. For the purpose of tracking net gains in
wetland acres, restoration is divided into:
Re-establishment: the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a
former wetland. Re-establishment results in rebuilding a former wetland and
results in a gain in wetland acres.
Rehabilitation: the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions of
degraded wetland. Rehabilitation results in a gain in wetland function, but does
not result in a gain in wetland acres.
WETLAND, SCRUB-SHRUB: A regulated wetland with at least thirty percent (30%)
of its surface area covered by woody vegetation less than twenty feet (20') in
height at the uppermost strata.
WETLANDS: Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under
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normal circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those
wetlands created after July 1, 1990, that were unintentionally created as a result
of the construction of a road, street, or highway. Wetlands include artificial
wetlands created from nonwetland areas to mitigate the conversion of wetlands.
WETLANDS, NEWLY EMERGING:
1. Wetlands occurring on top of fill materials; and
2. Characterized by emergent vegetation, low plant species richness, and used
minimally by wildlife. These wetlands are generally found in the Black River
Drainage Basin.
WHOLESALE RETAIL: See “Retail, Wholesale.”
WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or
migrate through in search of food or shelter.
WIRELESS COMMUNICATION FACILITIES – TERMS RELATED TO:
A. Antenna: Any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio frequency signals.
B. Antenna, Amateur Radio (also called ham radio): A device that picks up or
sends out radio frequency energy used for purposes of private recreation,
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noncommercial exchange of messages, wireless experimentation, self-training,
and emergency communication. The term “amateur” is used to specify persons
interested in radio technique solely with a personal aim and without pecuniary
interest, and to differentiate it from commercial broadcasting, public safety (such
as police and fire), or professional two (2) way radio services (such as maritime,
aviation, taxis, etc.).
C. Antenna Array: A group of antennas connected and arranged in a regular
structure to form a single antenna that is able to produce radiation patterns not
produced by individual antennas.
D. Antenna, Panel: Transmits and receives radio frequency signals in a specific
directional pattern of less than three hundred sixty degrees (360°).
E. Antenna, Vertical Monopole Amateur Radio: A type of amateur radio
device consisting of a single vertical element constructed of wire, aluminum, or
fiberglass without any attached horizontal antennas. This definition does include
associated guy wires attached not more than halfway up the monopole for
anchoring purposes. This definition does not include amateur radio antennas with
any more than a single vertical element (e.g., tower or lattice-type amateur radio
antennas).
F. Base Station: A structure or equipment at a fixed location that enables FCC-
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined
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herein nor any equipment associated with a tower. Base station includes, without
limitation:
1. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including distributed antenna systems (“DAS”) and small cell
networks).
3. Any structure other than a tower that, at the time the relevant
application is filed (with jurisdiction) under this Section, supports or houses
equipment described in subsections F1 and 2 of this definition that has been
reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory review process, even if the structure was not
built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant
application is filed with the City under this Section, does not support or house
equipment described in subsections F1 and 2 of this definition.
G. Collocation: The mounting of antennas and related equipment on an
existing support structure by more than one wireless communications provider.
H. Compound: The leased or owned property upon which all elements of a
WCF reside, which is demarcated with security fencing.
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I. Eligible Facilities Request: Any request for modification of an existing tower
or base station that does not substantially change the physical dimensions of such
tower or base station, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
J. Eligible Support Structure: Any tower or base station as defined in this
Section; provided, that it is existing at the time the relevant application is filed
with the City.
K. Equipment Cabinet: A mounted case with a hinged door used to house
equipment for utility or service providers.
L. Equipment Shelter: A room or building used to house equipment for utility
or service providers (also known as a base station).
M. Equipment Structure: A facility, shelter, cabinet or vault used to house and
protect electronic or other associated equipment necessary for processing
wireless communications signals. “Associated equipment” may include, for
example, air conditioning, backup power supplies and emergency generators.
N. FAA: The Federal Aviation Administration, which maintains stringent
regulations for the siting, building, marketing and lighting of cellular transmission
antennas near airports or flight paths.
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O. FCC: The Federal Communication Commission, which regulates the
licensing and practice of wireless, wireline, television, radio and other
telecommunications entities.
P. Microcells: A wireless communication facility consisting of an antenna that
is either:
1. Four feet (4') in height and with an area of not more than five hundred
eighty (580) square inches; or
2. If a tubular antenna, no more than four inches (4") in diameter and no
more than six feet (6') in length.
Q. Pole Extender: A pole extender is a device that extends a utility pole or
similar structure, the material of such structure being wood, composite, or
otherwise, to the maximum height as permitted under this Title, without requiring
the entire structure to be replaced, such that a small cell wireless facility may be
located at the top of said structure and meet any required clearances as dictated
by the structure owner.
R. Radome: A plastic housing sheltering the antenna assembly.
S. Related Equipment: All equipment ancillary to the transmission and
reception of voice and data via radio frequencies. Such equipment may include,
but is not limited to, cable, conduit and connectors.
T. Satellite Dish: A microwave dish typically used for receiving television
transmissions from at least one orbiting satellite.
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U. Service Provider: Is defined in accordance with RCW 35.99.010(6). Service
provider shall include those infrastructure companies that provide
telecommunications services or equipment to enable the deployment of personal
wireless services.
V. Small Cell Facility: A personal wireless services facility that meets both of
the following qualifications:
1. Each antenna is located inside an antenna enclosure of no more than
three (3) cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and
2. Primary equipment enclosures are no larger than seventeen (17) cubic
feet in volume. The following associated equipment may be located outside the
primary equipment enclosure and, if so located, are not included in the calculation
of equipment volume: electric meter, concealment, telecom demarcation box,
ground-based enclosures, battery backup power systems, grounding equipment,
power transfer switch, and cutoff switch.
W. Small Cell Network: A collection of interrelated small cell facilities
designed to deliver personal wireless services.
X. Support Structure: A structure used to support wireless communication
antennas and related equipment, either as its primary use or as an accessory use.
Support structures include, but are not limited to, towers, existing buildings, water
tanks, signs, and light fixtures.
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Y. Tower: Any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixes wireless services such as microwave
backhaul and the associated site. Types of towers include, but are not limited to:
1. Guyed Tower: A freestanding or supported wireless communication
support structure that is usually over one hundred feet (100') tall, which consists
of metal crossed strips or bars and is steadied by wire guys in a radial pattern
around the tower.
2. Lattice Tower: A self-supporting wireless communication support
structure that consists of metal crossed strips or bars to support antennas and
related equipment.
3. Monopole I: A freestanding support structure less than sixty feet (60')
in height, erected to support wireless communication antennas and connecting
appurtenances.
4. Monopole II: A freestanding support structure sixty feet (60') or greater
in height, erected to support wireless communication antennas and connecting
appurtenances.
5. Stealth Tower: A freestanding support structure that is disguised as a
natural or built object typically appearing in the natural or urban landscape and is
primarily erected to accommodate wireless communication facilities. Examples
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include, but are not limited to, manmade trees, freestanding signs, flagpoles, light
fixtures and clock towers.
Z. WCF: See Wireless Communication Facility (WCF).
AA. Wireless Communication Facility (WCF): An unstaffed facility for the
transmission and reception of low-power radio signals usually consisting of an
equipment shelter or cabinet(s), a support structure, antennas and related
equipment, generally contained within a compound. For purposes of this Title, a
WCF includes antennas, support structures and equipment shelters, whether
separately or in combination.
BB. Wireless Communication Facility, Camouflaged: A wireless
communication facility that is typically affixed to the facade of an existing
structure that was not originally constructed to be a WCF support structure (e.g.,
an existing building), in a manner that integrates and disguises the WCF with the
building by matching architectural elements, colors, materials, etc.
CC. Wireless Communication Facility, Concealed: A wireless communication
facility that is incorporated into an existing structure, that was not originally
constructed to be a WCF support structure (e.g., an existing building), in a manner
that completely hides the WCF within the existing structure or within an addition
to the existing structure that is architecturally compatible.
DD. Wireless Communication Facility, Temporary: A self-contained, portable
telecommunications facility that can moved to a location and set up to provide
wireless services on a temporary or emergency basis. Temporary wireless
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
74
communication facilities are not deployed in a permanent manner, do not have a
permanent foundation, may be vehicle mounted, and generally contain a
telescoping boom as the antenna support structure. An example of a temporary
wireless communication facility is a “cell-on-wheels” or COW.
WRECKING YARD, AUTO: A facility for the dismantling or wrecking of used motor
vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked
vehicles or their parts, including the repair of wrecked vehicles, consistent with
chapter 46.80 RCW.
SECTION XI. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION XII. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION XIII. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
75
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED: 2247: 11.15.22
AGENDA ITEM # 7. f)
76
ATTACHMENT A
RMC 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations
USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2
L. VEHICLE RELATED ACTIVITIES
Car washes P P P AD2 P2
Express transportation
services
AD P AD20
Fuel dealers H59 P
Industrial engine or
transmission rebuild
P28 P28 P28
Parking garage,
structured, commercial
or public
P P P P P20 P3 P P P92 P92
Parking, surface,
commercial or public,
existing
P29 P29 P29 P20 P3 AD
Parking, surface,
commercial or public,
new
P29 P29 P29 P20 AD
Park and ride, dedicated P107 P107 P107 P107 P107 P107 P107 P107 P107
Park and ride, shared-
use
P P P P P P P P P P P107 P109 P107 P P107 P107 AGENDA ITEM # 7. f)
ORDINANCE NO. ________
77
USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2
Railroad yards P
Taxi stand P AD AD
Tow truck
operation/auto
impoundment yard
P36 H59 P AD36
Transit centers H29 H29 H29 P H20 P H29 P P
Truck terminals P
Vehicle fueling stations P P P P P P29
Vehicle fueling stations,
existing legal
P P P AD P P P29
Vehicle service and
repair, large
AD2 P P
Vehicle service and
repair, small
P2 P2 P2 AD2 AD2 AD2
Wrecking yard, auto H59 H
Air Transportation Uses
Airplane manufacturing H59 P78 P78
Airplane manufacturing,
accessory functions
AC P78 P78
Airplane sales and repair P AGENDA ITEM # 7. f)
ORDINANCE NO. ________
78
USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2
Airport, municipal P
Airport-related or
aviation-related uses
AC
Helipads P111 H29 H29 H29 H H H78 H78
Helipads, commercial H H78 H78
M. STORAGE
Bulk storage P29 P29 P29
Hazardous material
storage, on site or off
site, including treatment
H24 H24 H24
Indoor storage P P P AC11 AC11 AC11 AC11 AC11 AC11
Fulfillment center AD11 AD11
Outdoor storage, existing P29 P29 P29 P64
Outdoor storage, new P29 P29 P29 P64
Self-service storage AD29 P59 P H17
Vehicle storage AD29 AD29 AD29
Warehousing AD11 AD11 AD11
Warehousing and
distribution
P AD11P AD11P
AGENDA ITEM # 7. f)
79
ATTACHMENT B
4-2-130A
DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS
IL IM IH
LOT DIMENSIONS
Minimum Lot Size
for lots created after
September 1, 1985
35,000 sq. ft.
Minimum Lot
Width/Depth for lots
created after
September 1, 1985
None
LOT COVERAGE
Maximum Lot
Coverage for
Buildings
65% of total lot area or 75%
if parking is provided within
the building or within a
parking garage
None
HEIGHT
Maximum Building
Height5, except for
Public Facilities5,13
50 ft., except 100 ft. if lot is
located in the Employment
Area (EA). Heights may
exceed the Zone’s
maximum height with a
Conditional Use Permit.4,13
50 ft. Heights may exceed the Zone’s
maximum height with a Conditional Use
Permit. None
Maximum Building
Height5, except for
Public Facilities 5,13.
50 ft.;
Heights may exceed maximum with a Conditional Use Permit.
Maximum Height for
Wireless
Communication
Facilities5
See RMC 4-4-140.
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
80
DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DESIGNATIONS
IL IM IH
SETBACKS8,11
Minimum Front Yard
Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.;
provided, that 20 ft. is
required if a lot is adjacent
to or abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.
Except 50 ft. is
required if a lot is
adjacent to or
abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15
ft.
Minimum Secondary
Front Yard
Principal Arterial streets:12 20 ft.
Other streets: 15 ft. Except 50 ft. is required if a lot
is adjacent to or abutting a lot zoned residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15
ft.
Minimum Freeway
Frontage Setback 10 ft. landscaped setback from the property line.
Minimum Rear and
Side Yards11
None, except 20 ft. if lot is
adjacent to or abutting a lot
zoned residential; which
may be reduced to 15 ft.
through the Site Plan
development review
process.
None, except 50 ft. if
lot is adjacent to or
abutting a lot zoned
residential.
None, except 50 ft.
if lot abuts a lot
zoned residential.
20 ft. if lot abuts a
lot zoned CN, CV,
CA, CD, CO, COR, or
lot with Public
Facilities.
Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft.
clear vision area defined in RMC 4-11-030.
LANDSCAPING
General See RMC 4-4-070
AGENDA ITEM # 7. f)
ORDINANCE NO. ________
81
SCREENING
Minimum Required for Outdoor
Loading, Repair, Maintenance or Work
Areas; Outdoor Storage, Refuse or
Dumpster Areas
See RMC 4-4-095
Special Screening Requirements for
Tow Truck Operations and
Impoundment Yards
NA
6 to 10 ft. high solid
wall or sight-
obscuring fence
required.
LOADING DOCKS
Location
Not permitted on the side of
the lot that is adjacent to or
abutting a lot zoned
residential.2
NA
DUMPSTER/RECYCLING COLLECTION STATION OR CENTER
Location of Refuse or Recycling Areas See RMC 4-4-090
PARKING
General See RMC 4-4-080 and 10-10-13
SIGNS
General See RMC 4-4-100
CRITICAL AREAS
General See RMC 4-3-050 and 4-3-090
AGENDA ITEM # 7. f)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-1-190.R, 4-1-210.B, 4-2-080.A.25, 4-2-110.B.4, 4-2-110.E.39, 4-2-
115.E.2, 4-3-100.B, 4-3-100.E.5, AND 4-4-080.I OF THE RENTON MUNICIPAL
CODE, CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM FEBRUARY
2019 TO SEPTEMBER, 2021, AUTHORIZING CORRECTIONS, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to Renton Municipal Code Section 4‐1‐080, Interpretation, the
Community and Economic Development Administrator (“Administrator’) is authorized to make
interpretations regarding the implementation of unclear or contradictory regulations; and
WHEREAS, the Administrator recognized that the certain Renton Municipal Code
regulations addressed in this ordinance contained unclear or contradictory language; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on February 14, 2022, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on March 16, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 4-1-190.R of the Renton Municipal Code is amended as follows:
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
2
R. ADMINISTRATIVE FEES:
1. Administrative Fee: The City shall collect an administrative fee equal to
five percent (5%) of the total school impact fee collected in order to defray the
administrative cost of collecting, processing, and handling the impact fees
described in this Section.
2. Deferred Fees: Each application for a deferral of payment of residential
impact fees, either under subsection G7 G8 or 8 9 of this Section, shall pay a
nonrefundable administrative deferral fee of eighty-five dollars ($85.00) for each
lot, single detached dwelling unit, or condominium unit and eighty-five dollars
($85.00) for each multi-family residential building. The fee shall be paid at the time
the application for deferral is submitted to the City.
32. Independent Fee Calculations: Any feepayer submitting an
independent fee calculation shall pay a fee to cover the cost of reviewing the
independent fee calculation. The fee shall be five hundred dollars ($500.00),
unless otherwise established by the Administrator, school district, or the RRFA,
and shall be paid by the feepayer at submittal of the independent fee calculation.
43. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee
set by the City for appeals of administrative interpretations and decision. The
appeal fee shall be paid at the time of filing of the appeal.
54. Account Established: Administrative fees shall be deposited into a
separate administrative fee account within the impact fee account(s).
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
3
Administrative fees shall be used to defray the actual costs associated with the
assessment, collection, administration and update of the impact fees.
56. Refunds, Waivers, and Credits: Administrative fees shall not be
refundable, shall not be waived, and shall not be credited against the impact fees.
SECTION III. Subsection 4-1-210.B of the Renton Municipal Code is amended as follows:
4. Applicable Fees: For each site, a maximum of eighty percent (80%)
of applicable impact fees and up to one hundred percent (100%) of all other
applicable fees for up to one hundred (100) dwelling units may be waived.
a. Fees which may be waived are:
i. Building permit fees;
ii. Building permit plan review fees;
iii. Water, surface water, and wastewater system development
charges;
iv. Public Works plan review and inspection fees;
v. Transportation and parks impact mitigation fees;
vi. Fire impact mitigation fees, to the extent such waiver is
authorized by interlocal agreement with the Renton Regional Fire Authority;
vii. Civil plan review and inspection fees; and
viii. Technology surcharge fees;. and
viiii. Administrative fees for collecting, processing, and handling
school impact fees.
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
4
b. Fees which may not be waived are all fees not listed in subsection
B4a of this Section, including:
i. Fire plan review and permit fees.
SECTION IV. Subsection 4-2-080.A.25 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-2-080.A remain in effect and unchanged.
25. A preschool or day care center, when accessory to a public or
community facility listed in RMC 4-2-060G, as it exists or may be amended, is
considered a permitted use which does not require a hearing examiner conditional
use permit.
SECTION V. The ‘Minimum Setbacks’ section in 4-2-110.B of the Renton Municipal
Code is amended as shown below. All other provisions in 4-2-110.B remain in effect and
unchanged.
MINIMUM SETBACKS
Front Yard and Secondary Front Yard
RC, R-1, R-4, R-
6, R-8, R-10, R-
14 and RMF
Setbacks applied to the primary structure also apply to accessory
structures. Accessory structures shall not be located between the primary
structure and a street.4
Side Yards for Accessory Buildings
RC and R-1 5 ft., unless located between the rear of the house and the rear property
line, then 0 ft. side yard is allowed.
R-4, R-6, R-8, R-
10, R-14 and
RMF
3 ft., unless located between the rear of the house and the rear property
line, then 0 ft. side yard is allowed.
Rear Yards for Accessory Buildings
RC 5 ft.
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
5
R-1, R-4, R-6, R-
8, R-10, R-14
and RMF
3 ft., unless located between the rear of the house and the rear property
line, then 0 ft. rear yard is allowed.
When located within 10 ft. of the rear property line, at least 25% of the
lineal length of the rear yard shall remain unoccupied from accessory
structures, except when the rear property line abuts an alley.
Except for garages/carports accessed through alleys: to ensure adequate
vehicular maneuvering area, garages and carports that are accessed
through alleys shall be set back as follows:
1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley,
or
2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the
alley.
Special Setbacks for Animal Husbandry or Agricultural Related Structures
RC, R-1, R-4, R-
6, R-8, R-10,
and R-14
Agricultural related structures – 50 ft. from any property line.
Stables and other animal husbandry related structures, see RMC 4-4-010,
Animal Keeping and Beekeeping Standards.
RMF n/a
Clear Vision Area
RC, R-1, R-4, R-
6, R-8, R-10, R-
14 and RMF
In no case shall a structure over 42 in. in height intrude into the 20 ft. clear
vision area defined in RMC 4-11-030.
SECTION VI. Subsection 4-2-110.E.39 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-2-110.E remain in effect and unchanged.
39. In the R-8, R-10, R-14, and RMF zones: In addition to the applicable
yard setback requirements of the zone and tTo ensure adequate vehicular
maneuvering area, garages and carports that are accessed through alleys shall be
set back as follows:
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
6
a. Nine-foot (9') garage doors shall be at least twenty-six feet (26') from
the back edge of the alley; or
b. Sixteen-foot (16') garage doors shall be at least twenty-four feet (24')
from the back edge of the alley.
SECTION VII. Subsection 4-2-115.E.2 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-2-115.E remain in effect and unchanged.
2. Open Space:
OPEN SPACE: Open space is a significant element in the development of livable communities and
creates opportunities for good health.
Guidelines: All open space shall be designed to preserve existing trees particularly native conifers,
native deciduous trees, and other native vegetation consistent with RMC 4-4-070, Landscaping. Except
for Native Growth Protection Areas, all common open space areas shall be designed to accommodate
both active and passive recreational opportunities and be visible and open to the street. Pocket parks
shall be designed to serve four (4) to ten (10) homes. Private yards are located at the rear or side of
homes and can include trees, planting beds, and privacy fences. Reciprocal use easements can provide
greater usability of private yards.
Landscaping:
R-10
and
R-14
See RMC 4-4-070, Landscaping.
Standards for Parks:
R-10
and
R-14
For developments that are less than ten (10) net acres: No park is required, but is allowed.
For developments that are greater than ten (10) net acres: A minimum of one one-half (.5)
acre park, in addition to the common open space requirement, is required.
Standards for Common Open Space:
R-10
and
R-14
Developments of three (3) or fewer dwelling units: No requirement to provide common
open space.
Developments of four (4) or more units: Required to provide common open space as
outlined below. Above ground drainage facilities (i.e., ponds, swales, ditches, rain gardens,
etc.) shall not be counted towards the common open space requirement.
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
7
1. For each unit in the development, three hundred fifty (350) square feet of common
open space shall be provided.
2. Open space shall be designed as a park, common green, pea-patch, pocket park, or
pedestrian entry easement in the development and shall include picnic areas, space for
recreational activities, and other activities as appropriate.
3. Open space shall be located in a highly visible area and be easily accessible to the
neighborhood.
4. Open space(s) shall be contiguous to the majority of the dwellings in the development
and accessible to all dwellings. For sites one acre or smaller in size, open space(s) shall
be no less than at least thirty feet (30') in at least one any dimension. For sites larger
than one acre in size, open space(s) shall be no less than at least forty feet (40') in at
least one any dimension. For all sites, to allow for variation, open space(s) of less than
the minimum dimensions (thirty feet (30') or forty feet (40'), as applicable) are allowed;
provided, that when all of a site’s open spaces are averaged, the applicable dimension
requirement is met.
5. A pedestrian entry easement can be counted as open space if it has a minimum width of
twenty feet (20') and within that twenty feet (20') a minimum five feet (5') of sidewalk is
provided.
6. Pea-patches shall be at least one thousand (1,000) square feet in size with individual
plots that measure at least ten feet by ten feet (10' x 10'). Additionally, the pea-patch
shall include a tool shed and a common area with space for compost bins. Water shall
be provided to the pea-patch. Fencing that meets the standards for front yard fencing
shall surround the pea-patch with a one foot (1') landscape area on the outside of the
fence. This area is to be landscaped with flowers, plants, and/or shrubs.
7. Grass-crete or other pervious surfaces may be used in the common open space for the
purpose of meeting the one hundred fifty feet (150') distance requirement for
emergency vehicle access but shall not be used for personal vehicle access or to meet
off-street parking requirements.
8. Common open space areas shall have a maximum slope of five percent (5%).
9. Obstructions, such as retaining walls and fences, shall not be placed in common open
spaces.
Standards for Private Yards:
R-10
and
R-14
Developments of three (3) or fewer dwelling units: Each individual dwelling shall have a
private yard that is at minimum six hundred (600) square feet in size. Backyard patios and
reciprocal use easements may be included in the calculation of private yard.
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
8
Developments of four (4) or more dwelling units: Each ground-related dwelling shall have a
private yard that is at least two hundred fifty (250) square feet in size with no dimension less
than eight feet (8') in width.
An additional two hundred fifty (250) square feet of open space per unit shall be added to
the required amount of common open space for each unit that is not ground related.
Common Open Space or Park Substitutions:
R-10
and
R-14
See RMC 4-1-240.
Sidewalks, Pathways, and Pedestrian Easements:
R-10
and
R-14
All of the following are required:
1. Sidewalks shall be provided throughout the neighborhood. The sidewalk may
disconnect from the road, provided it continues in a logical route throughout the
development. Permeable pavement sidewalks shall be used where feasible, consistent
with the Surface Water Design Manual.
2. Front yards shall have entry walks that are a minimum width of three feet (3') and a
maximum width of four feet (4').
3. Pathways shall be used to connect common parks, green areas, and pocket parks to
residential access streets, limited residential access streets, or other pedestrian
connections. They may be used to provide access to homes and common open space.
They shall be a minimum three feet (3') in width and made of paved asphalt, concrete,
or porous material such as: porous paving stones, crushed gravel with soil stabilizers, or
paving blocks with planted joints. Sidewalks or pathways for parks and green spaces
shall be located at the edge of the common space to allow a larger usable green and
easy access to homes.
4. Pedestrian Easement Plantings: Sshall be planted with plants and trees. Trees are
required along all pedestrian easements to provide shade and spaced twenty feet (20')
on center. Shrubs shall be planted in at least fifteen percent (15%) of the easement and
shall be spaced no further than thirty-six inches (36") on center.
5. For all homes that do not front on a residential access street, limited residential access
street, a park, or a common green: Pedestrian entry easements that are at least fifteen
feet (15') wide plus a five-foot (5') sidewalk shall be provided.
SECTION VIII. Subsection 4-3-100.B of the Renton Municipal Code is amended as follows:
B. APPLICABILITY AND CONFLICTS:
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
9
1. Applicability:
a. The following development activities shall be required to comply
with the provisions of this Section:
i. All subdivisions including short plats;
ii. All new structures;
iii. Conversion of vacant land (e.g., to parking or storage lots);
iv. Conversion of a residential use to a nonresidential use, or the
conversion of a nonresidential use to a residential use;
v. Alterations, enlargements, and/or restorations of Re-use of a
nonconforming structures, for any purpose, that has been vacant for more than
one year; pursuant to RMC 4-10-050, Nonconforming Structures
vi. Exterior modifications such as facade changes, windows,
awnings, signage, etc., shall comply with the design requirements for the new
portion of the structure, sign, or site improvement.
b. Any of the activities listed in subsection B1a of this Section and
occurring in the following overlay areas or zones shall be required to comply with
the provisions of this Section:
i. District ‘A’: All areas zoned Center Downtown (CD).
ii. District ‘B’: All areas zoned Residential Multi-Family (RMF), and
assisted living and convalescent centers within the Resource Conservation (RC),
Residential-1 (R-1), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8),
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
10
Residential-10 (R-10), Residential-14 (R-14), and Residential Manufactured Home
Park (RMH) zones.
iii. District ‘C’: All areas zoned Urban Center (UC) or Commercial
Office Residential (COR).
iv. District ‘D’: All areas zoned Center Village (CV), Commercial
Arterial (CA), Commercial Neighborhood (CN), or Commercial Office (CO), except
for those properties included in the Automall District and used for small vehicle
sales or a secondary use identified in RMC 4-3-040C1, Uses Permitted in the
Renton Automall District.
2. Conflicts: Where there are conflicts between the design requirements
in subsection E of this Section and other sections of the Renton Municipal Code,
the regulations of this Section shall prevail.
SECTION IX. The Ground Level Details provisions in subsection 4-3-100.E.5 of the
Renton Municipal Code are amended as shown below. All other provisions in 4-3-100.E.5 remain
in effect and unchanged.
GROUND LEVEL DETAILS
Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale
character of the pedestrian environment; and ensure that all sides of a building within near or distant
public view have visual interest.
Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood
siding is encouraged. The primary building entrance should be made visibly prominent by incorporating
architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting
(illustration below). Detail features should also be used, to include things such as decorative entry
paving, street furniture (benches, etc.), and/or public art.
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
11
Standards:
All Districts
All of the following are required:
1. Human-scaled elements such as a lighting fixture, trellis, or other landscape
feature shall be provided along the facade’s ground floor.
2. Upper portions of building facades shall have clear windows with visibility into
and out of the building. However, screening may be applied to provide shade
and energy efficiency. The minimum amount of light transmittance for windows
shall be fifty percent (50%).
3. Display windows shall be designed for frequent change of merchandise, rather
than permanent displays. Display racks and fixtures may not obscure more than
fifty percent (50%) of the window space.
4. Window coverings, such as blinds and curtains, must be functional, they may not
be affixed so that they cannot be open and/or closed.
All of the following are prohibited:
1. Tinted and dark glass, highly reflective (mirror-type) glass and film.
2. Untreated blank walls visible from public streets, sidewalks, or interior
pedestrian pathways.
a. A wall (including building facades and retaining walls) is considered a blank
wall if:
i. It is a ground floor wall or portion of a ground floor wall over six feet (6')
in height, has a horizontal length greater than fifteen feet (15'), and does
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
12
not include a window, door, building modulation or other architectural
detailing; or
ii. Any portion of a ground floor wall has a surface area of four hundred
(400) square feet or greater and does not include a window, door,
building modulation or other architectural detailing.
b. If blank walls are required or unavoidable, they shall be treated. The
treatment shall be proportional to the wall and use one or more of the
following (illustration below):
i. A planting bed at least five feet (5') in width abutting the blank wall that
contains trees, shrubs, evergreen ground cover, or vines;
ii. Trellis or other vine supports with evergreen climbing vines;
iii. Architectural detailing such as reveals, contrasting materials, or other
special detailing that meets the intent of this standard;
iv. Artwork, such as bas-relief sculpture, mural, or similar; or
v. Seating area with special paving and seasonal planting.
District A 1. Where windows or storefronts occur, they must only contain clear glazing.
Tinted, dark, and highly reflective (mirror-type) glass and film are prohibited.
2. Any facade visible to the public shall be comprised of at least seventy five
percent (75%) transparent windows and/or doors for at least the portion of the
ground floor facade that is between four feet (4') and eight feet (8') above
ground (as measured on the true elevation).
3. Opaque signage is only allowed on or in no more than ten percent (10%) of the
window space. Stenciled or other signage types that allow visibility into the
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
13
building are encouraged and do not count toward the ten percent (10%)
calculation of signage in windows.
Districts B, C,
and D
1. Any facade visible to the public shall be comprised of at least fifty percent (50%)
transparent windows and/or doors for at least the portion of the ground floor
facade that is between four feet (4') and eight feet (8') above ground (as
measured on the true elevation).
2. Where windows or storefronts occur, they must principally contain clear glazing.
Tinted, dark, and highly reflective (mirror-type) glass and film are prohibited.
SECTION X. Subsection 4-4-080.I of the Renton Municipal Code is amended as follows:
I. DRIVEWAY DESIGN STANDARDS:
1. Driveway Location – Hazard Prohibited: No driveway shall be
constructed in such a manner as to be a hazard to any existing street lighting
standard, utility pole, traffic regulating device, fire hydrant, abutting street traffic,
or similar devices or conditions. The cost of relocating any such street structure
when necessary to do so shall be borne by the abutting property owner. Said
relocation of any street structure shall be performed only through the
dDepartment and person holding authority for the particular structure involved.
2. Driveway Spacing Based Upon Land Use:
a. Industrial, Warehouse and Shopping Center Uses:
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
14
i. The location of ingress and egress driveways shall be subject to
approval of the City under curb cut permit procedures.
ii. There shall be a minimum of forty feet (40') between driveway
curb returns where there is more than one driveway on property under unified
ownership or control and used as one premises.
iii. Driveways shall not be closer than five feet (5') to any property
line (except as allowed under subsection I9 of this Section, Joint Use Driveways).
b. All Other Uses:
i. The location of ingress and egress driveways shall be subject to
approval of the Department of Community and Economic Development under
curb cut permit procedures.
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
15
ii. Driveway width (aggregate width if more than one driveway
exists) shall not exceed forty percent (40%) of the street frontage.
iii. Driveways shall not be closer than five feet (5') to any property
line (except as allowed under subsection I9 of this Section, Joint Use Drivewa ys).
iv. There shall be a minimum of eighteen feet (18') between
driveway curb returns where there is more than one driveway on property under
single ownership or control and used as one premises.
3. Driveway Width Maximums Based Upon Land Use:
a. Industrial, Warehouse and Shopping Center Uses:
i. Driveway width (aggregate width if more than one driveway
exists) shall not exceed forty percent (40%) of the street frontage.
ii. The width of any driveway shall not exceed fifty feet (50')
exclusive of the radii of the returns or taper section, the measurement being made
parallel to the centerline of the street roadway.
iii. The Administrator may grant an exception upon proper
application in writing and for good cause shown, which shall include, but not be
limited to, the absence of any reasonable alternative.
b. Single Family and Duplex Uses: The maximum width of single
loaded garage driveways shall not exceed nine feet (9') and double loaded garage
driveways shall not exceed sixteen feet (16'). If a garage is not present on the
subject property the maximum width of a driveway shall be sixteen feet (16').
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
16
c. All Other Uses: The width of any driveway shall not exceed thirty
feet (30') exclusive of the radii of the returns or the taper section, the
measurement being made parallel to the centerline of the street roadway.
4. Maximum Number of Driveways Based Upon Land Use:
a. Industrial, Warehouse and Shopping Center Uses: There shall be no
more than two (2) driveways for each three hundred thirty feet (330') of street
frontage serving any one property or among abutting properties under unified
ownership or control. For each additional one hundred sixty five feet (165') of
street frontage an additional driveway may be allowed.
b. All Other Uses: There shall be no more than one driveway for each
one hundred sixty five feet (165') of street frontage serving any one property or
among properties under unified ownership or control; for each one hundred sixty
five feet (165') of additional street frontage another driveway may be permitted
subject to the other requirements of this Section.
5. Driveway Angle – Minimum: The angle between any driveway and the
street roadway or curb line shall not be less than forty-five degrees (45°).
6. Driveway Grades – Maximum Based Upon Land Use:
a. Single Family and Two (2) Family Uses: Maximum driveway slopes
shall not exceed fifteen percent (15%); provided, that driveways exceeding eight
percent (8%) shall provide slotted drains at the lower end with positive drainage
discharge to restrict runoff from entering the garage/residence crossing any public
sidewalk entering public or private streets, alleys, sidewalks, and/or pedestrian
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
17
pathways. To exceed fifteen percent (15%), a variance from the Administrator is
required.
b. All Other Uses: Maximum driveway slope shall not exceed eight
percent (8%). The Administrator may allow a driveway to exceed eight percent
(8%) slope but not more than fifteen percent (15%) slope, upon proper application
in writing and for good cause shown, which shall include, but not be limited to,
the absence of any reasonable alternative. To exceed fifteen percent (15%), a
variance from the Administrator is required.
7. Surfacing Requirements for Driveways and Driveway
Encroachments: Driveways and driveway approaches in the public right-of-way
shall be paved with asphaltic concrete, cement, or equivalent alternative materials
of a permanent nature as approved by the Public Works Department. Surfacing
treatments that provide increased infiltration opportunities, such as permeable
pavements, shall be used where feasible and consistent with the Surface Water
Design Manual.
8. Two (2) Track Driveway Design: For single-family lots, driveways may
provide a pervious strip in the center in order to reduce the impervious surface of
driveways. A two (2) track driveway does not allow for an increase in allowed
driveway width.
9. Joint Use Driveways:
a. Benefits: Joint use driveways reduce the number of curb cuts along
individual streets and thereby improve safety and reduce congestion while
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
18
providing for additional on-street parking opportunities. Joint use driveways
should be encouraged when feasible and appropriate, particularly when there is
existing underutilized parking proximate to a subject site.
b. Where Permitted: Adjoining lots may utilize a joint use driveway
accessed from a public street where such joint use driveway reduces the total
number of driveways entering the street network, subject to the approval of the
Department of Community and Economic Development. Joint use driveways must
be created upon the common property line of the properties served or through
the granting of a permanent access easement when said driveway does not exist
upon a common property line. If the adjoining lots are residential, the joint use
driveway shall provide access to no more than two (2) lots and each lot shall abut
a public street. Joint use access to the driveway shall be assured by easement or
other legal form acceptable to the City.
10. Driveways Providing Access or Connection To and From the State
Highway System: Any driveway providing access or connection to or from the
state highway system shall be designed and installed pursuant to RMC 4-6-
060F910.
SECTION XI. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
AGENDA ITEM # 7. g)
ORDINANCE NO. ________
19
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance .
SECTION XII. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION XIII. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:2225:11/8/22
AGENDA ITEM # 7. g)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-2-110.A, 4-2-110.C, 4-2-110.E.4, 4-2-110.E.10, AND 4-5-060.E.2.c
OF THE RENTON MUNICIPAL CODE, ADDING AN EXEMPTION FOR CERTAIN
PHOTOVOLTAIC (SOLAR) SYSTEMS FROM BUILDING PERMITS, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 13, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on June 1, 2022, considered all
relevant matters, and heard all parties in support or opposition, and subsequently forwarded a
recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-2-110.A of the Renton Municipal Code is amended as shown
on Attachment A.
SECTION III. Subsection 4-2-110.C of the Renton Municipal Code is amended as follows:
4-2-110C DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT
(ACCESSORY DWELLING UNITS)
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
2
MAXIMUM NUMBER AND SIZE
General17
RC, R-1, R-4,
R-6, R-8, R-10,
and R-14
1 ADU is permitted per legal lot.
Unit size shall be determined by lot size and the size of the primary
structure; the total gross floor area of the ADU shall not exceed the size
stated in the Maximum Unit Size section of this table or 75% of the total
gross floor area of the primary structure, whichever is smaller.41
MAXIMUM UNIT SIZE
Lot Area: Maximum ADU Size40, 41
3,000 sq. ft.
or less 600 sq. ft.
3,001 – 4,999
sq. ft. or less 700 sq. ft.
5,000 – 6,999
sq. ft. or less 800 sq. ft.
7,000 – 8,999
sq. ft. or less 900 sq. ft.
Greater than
9,000 sq. ft. 1,000 sq. ft.
MAXIMUM WALL PLATE HEIGHT 10, 18, 19, 41
RC, R-1, R-4,
R-6, R-8, R-10
and R-14
ADUs are subject to the maximum wall plate height of RMC 4-2-110A, and
associated conditions and shall not be taller than the primary structure.
Additional ADU height allowances may be permitted upon application and
approval of a modification pursuant to RMC 4-9-250.42
LOCATION
General
RC, R-1, R-4,
R-6, R-8, R-10
and R-14
ADUs shall be located at least 6 ft. from any residential structure.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
3
MINIMUM SETBACKS4, 41
Front Yard and Secondary Front Yard
RC, R-1, R-4,
R-6, R-8, R-10
and R-14
The ADU shall be set back an additional 5 ft. parallel to and measured from
the front facade of the primary structure and shall comply with the setbacks
applied to the primary structure, as identified in RMC 4-2-110A,
Development Standards for Residential Zoning Designations.
ADUs shall not be permitted between the primary structure and the street
unless approved in the Conditional Use Permit process.
Side Yard
RC and R-1 25 ft.
R4, R-6 and R-
8 5 ft.
R-10 and R-14 4 ft.
Rear Yard
RC, R-1, R-4,
R-6, R-8, R-10
and R-14
5 ft.
When located within 10 ft. of the rear property line, at least 25% of the
lineal length of the rear yard shall remain unoccupied from accessory
dwellings, except when the rear property line abuts an alley.
Clear Vision Area
RC, R-1, R-4,
R-6, R-8, R-10
and R-14
In no case shall a structure over 42 in. in height intrude into the 20 ft. clear
vision area defined in RMC 4-11-030.
CRITICAL AREAS
General
RC, R-1, R-4,
R-6, R-8, R-10
and R-14
See RMC 4-3-050, Critical Areas Regulations, and 4-3-090, Shoreline Master
Program Regulations.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
4
SECTION IV. Subsections 4-2-110.E.4 and 4-2-110.E.10 of the Renton Municipal
Code are amended as shown below. All other provisions in 4-2-110.E remain in effect and
unchanged.
4. Allowed Projections into Setbacks:
a. Fireplace Structures, Windows: Fireplace structures, bay or garden
windows, enclosed stair landings, and similar structures as determined by the
Community and Economic Development Administrator may project twenty-four
inches (24") into any setback; provided, such projections are:
i. Limited to two (2) per facade.
ii. Not wider than ten feet (10').
b. Fences, Rockeries, and Retaining Walls: See RMC 4-4-040, Fences,
Hedges, and Retaining Walls.
c. Steps and Decks: Uncovered steps and decks not exceeding
eighteen inches (18") above the finished grade may project to any property line.
Uncovered steps and decks having no roof covering and not exceeding forty -two
inches (42") high may be built within the front yard setback.
d. Eaves: Eaves and cornices may project up to twenty-four inches
(24") into any required setback.
e. Porches and Stoops: May project into front setbacks up to eight
feet (8') and into side setbacks along a street up to five feet (5').
f. Overhead Weather Protection:
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
5
i. Roofs and awnings situated above pedestrian entryways may
extend up to five feet (5') into a required setback and may extend no wider than
three feet (3') on either side of the entryway.
ii. Roofs or other structures providing relief from rain or sun (e.g.,
pergola) attached to the rear facade of the primary structure may intrude into rear
yard setbacks provided such roofs shall be set back a minimum of five feet (5')
from rear lot lines and shall meet the side yard setback requirement for primary
structures. The height and area of such roofs shall be regulated in the same
manner as detached accessory structures.
g. Accessibility Ramps: Ramps required for barrier-free access, and
meeting all Building Code requirements including slope and handrails, may intrude
into required setbacks. This exemption will be limited to the extent necessary to
meet the Building Code requirements.
h. Cisterns and Rain Barrels: Rain barrels, cisterns, and other
rainwater catchment systems may intrude into a required setback as follows:
i. Elements are not permitted in the front setback.
ii. Elements which are less than fifty-four inches (54") above
finished grade and contain up to six hundred (600) gallons may intrude into a side
or rear setback a distance no greater than twenty percent (20%) of that setback,
but must maintain at least three feet (3') of undisturbed setback.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
6
iii. Elements which are greater than fifty-four inches (54") above
finished grade or contain over six hundred (600) gallons shall not intrude upon
side and rear setback requirements.
i. Arbor, Pergola or Trellis: Allowed in required yard setbacks if they
meet the following provisions:
i. The length of any side shall not exceed twelve feet (12') and the
footprint shall not exceed eighty (80) square feet, inclusive of eaves;
ii. A maximum height from finished grade to the top of the
structure of ten feet (10');
iii. Both sides and roof shall be at least fifty percent (50%) open,
or, if latticework is used, there shall be a minimum opening of two inches (2")
between crosspieces.
iv. Limited to two (2) such structures per lot.
j. Heating, Ventilation, and Air Conditioning (HVAC) Systems: HVAC
Systems may extend into any side or rear yard setback.
k. Rooftop photovoltaic (PV) systems may project to any setback if the
following provisions are met:
i. The proposed system does not require a building permit pursuant
to RMC 4-5-060.E2c; and
ii. The system is located on a legally established nonconforming
single-family dwelling, accessory dwelling unit, or unit-lot townhome.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
7
10. Rooftop photovoltaic (PV) systems: Proposed rooftop solar systems
that do not require a building permit pursuant to RMC 4-5-060.E.2.c shall not be
subject to the maximum height standards applied to a single-family dwelling,
accessory dwelling unit, or unit-lot townhome. Reserved.
SECTION V. Subsection 4-5-060.E.2.c of the Renton Municipal Code is amended
as shown below. All other provisions in 4-5-060.E remain in effect and unchanged.
c. Building.
i. One (1) story detached accessory structures constructed under
the provisions of the IRC used as tool and storage sheds, tree supported play
structures, playhouses and similar uses, provided the floor area does not exceed
two hundred (200) square feet (18.58 m2).
ii. Fences not over six feet (6’) (1,829 mm) high.
iii. Oil derricks.
iv. Retaining walls and rockeries which are not over four feet (4’)
(1,219 mm) in height measured from the bottom of the footing to the top of the
wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
v. Water tanks supported directly on grade if the capacity does not
exceed five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter
or width does not exceed two (2) to one (1).
vi. Sidewalks, decks and driveways not more than thirty inches
(30”) (762 mm) above grade and not over any basement or story below and which
are not part of an accessible route.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
8
vii. In-kind re-roofing of one (1) - and two (2) - family dwellings
provided the roof sheathing is not removed or replaced.
viii. Painting, non-structural wood and vinyl siding, papering, tiling,
carpeting, cabinets, counter tops and similar finish work, provided that existing,
required accessible features are not altered.
ix. Temporary motion picture, television and theater stage sets and
scenery.
x. Prefabricated swimming pools accessory to one (1) - and two (2)
- family dwellings or Group R-3 occupancy which are less than twenty-four inches
(24”) (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and
are installed entirely above ground.
xi. Shade cloth structures constructed for garden nursery or
agricultural purposes and not including service systems.
xii. Swings, slides and other similar playground equipment.
xiii. Window awnings supported by an exterior wall which do not
project more than fifty-four inches (54”) (1,372 mm) from the exterior wall and do
not require additional support of a one (1) - and two (2) - family dwelling or a
Group R-3 or U occupancy.
xiv. Movable cases, counters and partitions not over five feet nine
inches (5’9”) (1,753 mm) in height.
xv. Satellite earth station antennas six and one-half feet (6-1/2’) (2
m) or less in diameter in zones other than residential zones.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
9
xvi. Satellite earth station antennas three and one quarter (3-1/4’)
(1 m) or less in diameter in residential zones.
xvii. Video programming service antennas three and one quarter
feet (3-1/4’) (1 m) or less in diameter or diagonal dimension, regardless of zone.
xviii. Replacement of nonstructural siding on IRC structures except
for veneer, stucco or exterior finish and insulation systems (EFIS).
xix. Window and door replacement for IRC structures where
openings are not increased, U-Value is .30 or less, safety glass is installed in
hazardous locations, and the openable portion of egress window in bedrooms and
basements are not decreased in any dimension.
xx. Job shacks that are placed at a permitted job site during
construction may be allowed on a temporary basis and shall be removed up on
final approval of construction. A job shack is a portable structure for which the
primary purpose is to house equipment and supplies, and which may serve as a
temporary office during construction for the purposes of the construction activity.
xxi. Photovoltaic (PV) systems meeting all the following criteria:
(a) PV system is designed and proposed for a single-family
dwelling, accessory dwelling unit, or unit-lot townhome not more than three (3)
stories above grade or detached accessory buildings.
(b) PV system is designed for the rooftop of a house in
compliance with applicable codes.
(c) The mounting system is engineered and designed for PV.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
10
(d) The rooftop is made from lightweight material such as a
single layer of composition shingles, metal roofing, lightweight masonry, or cedar
shingles.
(e) PV system has an approved and issued electrical permit.
(f) To address uplift, modules are mounted no higher than
eighteen inches (18”) above the surface of the roofing to which they are affixed,
and except for flat roofs, no portion of the system may exceed the highest point
of the roof.
(g) Total dead load of panels, supports, mountings, raceways,
and all other appurtenances weigh no more than four (4) pounds per square foot.
(h) Supports for solar panels are installed to spread the dead
load across as many roof-framing members as needed to ensure that at no point
are loads created in excess of fifty (50) pounds.
(i) The installation shall comply with the manufacturer’s
instructions.
(j) A method and type of weatherproofing roof penetrations
is provided.
(k) The house is code compliant with setbacks and height, or
the code allows the expansion of nonconformity for solar panels.
(l) The PV panels are mounted no higher than the roof ridge
or apex of roof (applies to only sloped roofs).
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
11
(m) Roof access, pathways, and spacing requirements shall be
provided in accordance with IFC 1204.2 and WAC 51 -54A-1204.
(n) Roof and wall penetrations will be flashed and sealed to
prevent the entry of water, rodents, and insects.
(o) PV modules and supporting structure will be const ructed
of noncombustible materials or fire-retardant treated wood equivalent to that of
required for the roof construction.
(p) PV system shall be installed by a licensed contractor.
SECTION VI. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION VII. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VIII. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
12
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED:2205:11/8/22
AGENDA ITEM # 7. h)
ORDINANCE NO. ________
13
ATTACHMENT A
4-2-110A1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES)
RC R-1 R-4 R-6 R-8 R-10 R-14 RMF
Minimum Net
Density (per Net
Acre)1, 2, 15
None 3 dwelling
units
4 dwelling
units
5 dwelling
units30
7 dwelling
units30
10 dwelling
units30
Maximum Net
Density (per Net Acre,
Except per Net 10
Acres in RC)2, 14, 15
1 dwelling
unit
1 dwelling
unit7, 36
4 dwelling
units
6 dwelling
units
8 dwelling
units38
10 dwelling
units29
14 dwelling
units29
20 dwelling
units29
Maximum Number of
Dwellings (per Legal
Lot)2
1 dwelling
with 1
accessory
dwelling
unit
1 dwelling
with 1
accessory
dwelling
unit7
1 dwelling with 1
accessory dwelling unit
1 dwelling
with 1
accessory
dwelling
unit
Detached dwellings: 1 dwelling
with 1 accessory dwelling unit
Attached dwellings: n/a
Per Maximum
Net Density
Minimum Lot Size2, 28,
31
10 acres 1 acre3, 32 9,000 sq.
ft.32, 34
7,000 sq.
ft.32, 34
5,000 sq.
ft.34
Detached
dwellings:
4,000 sq. ft.
Attached
dwellings:
n/a
Detached
dwellings: 3,000
sq. ft.
Attached
dwellings: n/a
n/a AGENDA ITEM # 7. h)
ORDINANCE NO. ________
14
RC R-1 R-4 R-6 R-8 R-10 R-14 RMF
Minimum Lot Width31 150 ft. 100 ft.32 70 ft.32 60 ft.32 50 ft. 40 ft. 30 ft. Townhouses: 25
ft.
Other Attached
Dwellings: 50 ft.
Minimum Lot
Width31 (Corner Lots)
175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Townhouses: 30
ft.
Other Attached
Dwellings: 60 ft.
Minimum Lot Depth31 300 ft. 200 ft.3, 32 100 ft.32 90 ft.32 80 ft. 70 ft. 60 ft. Townhouses: 50
ft.
Other Attached
Dwellings: 65 ft.
Minimum Front
Yard4, 5, 31
30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 20 ft. except when all
vehicle access is taken
from an alley, then 15
ft.39
15 ft.11, except
when all vehicle
access is taken
from an alley,
then 10 ft.39
Townhouses: 15
ft.11, except when
all vehicle access
is taken from an
alley, then 10 ft.39
Other Attached
Dwellings: 20 ft.
Minimum Rear Yard4,
22, 31
35 ft. 30 ft. 25 ft.33 25 ft. 25 ft.39 15 ft.21, 39 10 ft.21, 39 Townhouses: 10
ft.13, 39 AGENDA ITEM # 7. h)
ORDINANCE NO. ________
15
RC R-1 R-4 R-6 R-8 R-10 R-14 RMF
Other Attached
Dwellings: 15 ft.39
Minimum Side Yard4,
31
25 ft. 15 ft. Combined
20 ft. with
not less
than 7.5 ft.
on either
side.
Combined
15 ft. with
not less
than 5 ft.
on either
side.
5 ft. Detached
Units: 4 ft.
Attached
Units: 4 ft.
for
unattached
side(s), 0 ft.
for the
attached
side(s).23
Detached Units:
4 ft.
Attached Units:
4 ft. for
unattached
side(s), 0 ft. for
the attached
side(s).23
5 ft. for
unattached
side(s), 0 ft. for
the attached
side(s).13
Minimum Secondary
Front Yard4, 5,
31 (applies to Corner
Lots)
30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 15 ft.11 15 ft.11 15 ft.11 Townhouses: 15
ft.11
Other Attached
Dwellings: 20 ft.
Maximum Building
Coverage (including
Primary and
Accessory)
10% 20% 35% 40% 50% 55% 65% Townhouses: 70%
Other Attached
Dwellings: 35%
A maximum
coverage of 45%
may be allowed
through the AGENDA ITEM # 7. h)
ORDINANCE NO. ________
16
RC R-1 R-4 R-6 R-8 R-10 R-14 RMF
Hearing Examiner
site development
plan review
process.
Maximum
Impervious Surface
Area
15% 25% 50% 55% 65% 70% 80% 75%
Maximum Number of
Stories
3 2 3
Maximum Wall Plate
Height8, 9, 10, 12, 18, 19
32 ft. 24 ft. 24 ft., increase
up to 32 ft.
possible subject
to administrative
conditional use
permit approval.
Townhouses: 32
ft.
Other Attached
Dwellings: 32 ft.,
increase up to 42
ft. possible
subject to
administrative
conditional use
permit approval.
Maximum Number of
Units per Building2
n/a No more
than 4 units
per building.
No more than 6
units per
building.
n/a AGENDA ITEM # 7. h)
ORDINANCE NO. ________
17
RC R-1 R-4 R-6 R-8 R-10 R-14 RMF
Minimum Tree
Density
2 significant trees per 5,000 sq. ft.
See RMC 4-4-130.
Attached units: 4 significant
trees per 5,000 sq. ft.
See RMC 4-4-130.
n/a
Minimum Freeway
Frontage Setback
10 ft. landscaped setback from the street property line.
Maximum Wireless
Communication
Facilities
Height (including
Amateur Radio
Antennas)
See RMC 4-4-140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of
6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the
Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits.
Design Standards See RMC 4-2-115, Residential Design and Open Space Standards.
Landscaping See RMC 4-4-070, Landscaping.
Exterior Lighting See RMC 4-4-075, Lighting, Exterior On-Site.
Screening See RMC 4-4-095, Screening and Storage Height/Location Limitations.
Exception for Pre-
Existing Legal Lots
See RMC 4-10-010, Nonconforming Lots.
AGENDA ITEM # 7. h)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
COMMERCIAL PARKING STANDARDS FOR MIXED USE BUILDINGS IN
SUBSECTION 4-4-080.F.10 OF THE RENTON MUNICIPAL CODE, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City seeks to revise parking space standards for vertical mixed use
developments; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-4-080.F.10 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-4-080.F remain in effect and unchanged.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
2
10. Number of Parking Spaces Required. The specified land use shall
provide parking spaces as shown in the table in subsection F10d of this Section,
except as provided in this Section:
a. Interpretation of Standards – Minimum and Maximum Number of
Spaces.
i. When a maximum and a minimum range of required parking is
listed in this Code, the developer or occupant is required to provide at least the
number of spaces listed as the minimum requirement, and may not provide more
than the maximum listed in this Code, unless exceptions are permitted as specified
in this Section.
ii. When a development falls under more than one category, the
parking standards for the most specific category shall apply, unless specifically
stated otherwise.
b. Alternatives:
i. Joint Parking Agreements: Approved joint use parking
agreements and the establishment of a Transportation Management Plan (TMP)
may be used as described in subsection E3 of this Section to meet a portion of
these parking requirements.
ii. Transportation Management Plans: A Transportation
Management Plan (TMP) guaranteeing the required reduction in vehicle trips may
be substituted in part or in whole for the parking spaces required, subject to the
approval of the Department of Community and Economic Development.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
3
The developer may seek the assistance of the Department of Community and
Economic Development in formulating a TMP. The plan must be agreed upon by
both the City and the developer through a binding contract with the City of
Renton. At a minimum, the TMP will designate the number of trips to be reduced
on a daily basis, the means by which the plan is to be accomplished, an evaluation
procedure, and a contingency plan if the trip reduction goal cannot be met. If the
TMP is unsuccessful, the developer or current property owner is obligated to
immediately provide additional measures at the direction of the Department of
Community and Economic Development, which may include the requirement to
provide full parking as required by City standards.
c. Modifications: Modification of either the minimum or maximum
number of parking stalls for a specific development requires written approval from
the Department of Community and Economic Development.
i. A twenty-five percent (25%) reduction or increase from the
minimum or maximum number of parking spaces may be granted for
nonresidential uses through site plan review if the applicant can justify the
modification to the satisfaction of the Administrator. Justification might include,
but is not limited to, quantitative information such as sales receipts,
documentation of customer frequency, and parking standards of nearby cities.
ii. In order for the reduction or increase to occur the Administrator
must find that satisfactory evidence has been provided by the applicant.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
4
Modifications beyond twenty-five percent (25%) may be granted per the criteria
and process of RMC 4-9-250D2.
d. Parking Spaces Required Based on Land Use:
USE NUMBER OF REQUIRED SPACES
GENERAL:
Mixed occupancies:
(2 or 3 different uses in the same building
or sharing a lot. For 4 or more uses, see
“shopping center” requirements)
The total requirements for off-street parking
facilities shall be the sum of the requirements for
the several uses computed separately, unless the
building is classified as a “shopping center” as
defined in RMC 4-11-190.
Uses not specifically identified in this
Section:
Department of Community and Economic
Development staff shall determine which of the
below uses is most similar based upon staff
experience with various uses and information
provided by the applicant. The amount of required
parking for uses not listed above shall be the same
as for the most similar use listed below.
Bicycle parking: See minimum requirements in subsection F11 of
this Section.
Parking in Excess of Maximum
Standards:
Maximum ratios for off-street parking facilities
may be exceeded by up to 10% if the applicant
implements low impact development techniques
that reduce stormwater runoff and manages
stormwater on site in a way that exceeds the
requirements of surface water management in
RMC 4-6-030.
COMMERCIAL MIXED USES OUTSIDE OF CENTER DOWNTOWN ZONE:
Commercial mixed use with 2 or 3
individual establishments (except
vertical mixed use developments):
The total requirement for off-street parking
facilities shall be the sum of the requirements for
each use computed separately.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
5
USE NUMBER OF REQUIRED SPACES
Shopping centers (4 or more individual
commercial establishments):
A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
feet of net floor area. In the UC-1 and UC-2 Zones,
a maximum of 4.0 per 1,000 square feet of net
floor area is permitted unless structured parking is
provided, in which case 5.0 per 1,000 square feet
of net floor area is permitted. Drive-through retail
or drive-through service uses must comply with
the stacking space provisions listed below.
Commercial within vertical mixed-use
developments:
A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
feet of net floor area. In the UC-1 and UC-2 Zones,
a maximum of 4.0 per 1,000 square feet of net
floor area is permitted unless structured parking is
provided, in which case 5.0 per 1,000 square feet
of net floor area is permitted.
RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE:
Detached dwellings and townhouses: A minimum of 2.0 per dwelling unit, however, 1.0
per dwelling unit may be permitted for 1 bedroom
or less dwelling units. Tandem parking is allowed.
In addition, if the primary structure on a site where
an accessory dwelling unit (ADU) is proposed does
not meet the City’s minimum parking standards,
1.0 additional off-street parking space is required
to obtain approval.
Cottage house developments: A minimum and maximum of 1.6 per cottage
house of 3 bedrooms or greater; 1.4 per 2-
bedroom cottage house; 1.0 per 1-bedroom
cottage house or studio. In addition to the
minimum parking stalls required, a minimum 20%
of the total number of required parking spaces in
the cottage house development shall be provided
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
6
USE NUMBER OF REQUIRED SPACES
for guest parking and located in a common area
accessible by guests.
Manufactured homes within a
manufactured home park:
A minimum of 2.0 per manufactured home site,
plus a screened parking area shall be provided for
boats, campers, travel trailers and related devices
at a ratio of 1.0 screened space per 10 units.
Congregate residences: A minimum and maximum of 1.0 per sleeping
room and 1.0 for the proprietor, plus 1.0 additional
space for each 4 persons employed on the
premises.
Assisted living: A minimum and maximum of 1.0 space per
residential unit of assisted living, plus dedicated
parking spaces for facility fleet vehicles.
Attached dwellings in RMF, R-14 and R-
10 Zones:
A minimum and maximum of 1.6 per 3 bedroom or
large dwelling unit; 1.4 per 2 bedroom dwelling
unit; 1.0 per 1 bedroom or studio dwelling unit. In
addition to the minimum parking stalls required, a
minimum 10% of the total number of required
parking spaces shall be provided for guest parking
and located in a common area accessible by
guests.
Attached dwellings within all other
zones:
1.0 per dwelling unit is required. A maximum of
1.75 per dwelling unit is allowed.
Attached dwelling for low income: A minimum of 1.0 for each 4 dwelling units is
required. A maximum of 1.75 per dwelling unit is
allowed.
Live-work unit, residential unit: A minimum and maximum of 1.0 per unit.
Accessory dwelling unit: When accessory to a single-family residence, 1.0
per unit is required. A maximum of 2.0 per unit is
allowed.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
7
USE NUMBER OF REQUIRED SPACES
ADUs accessory to nonresidential uses are exempt
from additional parking when current parking
capacity exceeds the minimum parking
requirement for the primary use, otherwise 1.0 per
unit is required.
ADUs located within 1/4 mile of a mass transit
facility, as defined in RMC 4-2-080, shall be exempt
from off-street parking requirements.
RESIDENTIAL USES IN CENTER DOWNTOWN ZONE:
Attached dwellings: A minimum and maximum of 1.0 per unit.
Attached dwellings for low income: 1.0 for every 4 dwelling units is required. A
maximum of 1.75 per dwelling unit is allowed.
Congregate residences: A minimum and maximum of 1.0 per 4 sleeping
rooms and 1.0 for the proprietor, plus 1.0
additional space for each 4 persons employed on
the premises.
Assisted living: A minimum and maximum of 1.0 space per
residential unit of assisted living, plus dedicated
parking spaces for facility fleet vehicles.
Detached dwellings (existing legal): A minimum of 2.0 per unit.
COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT
SHOPPING CENTERS:
Drive-through retail or drive-through
service:
Stacking spaces: The drive-through facility shall be
so located that sufficient on-site vehicle stacking
space is provided for the handling of motor
vehicles using such facility during peak business
hours. Typically 5.0 stacking spaces per window
are required unless otherwise determined by the
Community and Economic Development
Administrator. Stacking spaces cannot obstruct
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
8
USE NUMBER OF REQUIRED SPACES
required parking spaces or ingress/egress within
the site or extend into the public right-of-way.
Banks: A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
feet of net floor area except when part of a
shopping center.
Convalescent centers: A minimum and maximum of 1.0 for every 2
employees plus 1.0 for every 3 beds.
Day care centers, adult day care (I and II): A minimum and maximum of 1.0 for each
employee and 2.0 drop-off/pick-up spaces within
100 feet of the main entrance for every 25 clients
of the program.
Hotels and motels: A minimum and maximum of 1.0 per guest room
plus 1.0 for every 3 employees.
Bed and breakfast houses: A minimum and maximum of 1.0 per guest room.
Mortuaries or funeral homes: A minimum and maximum of 10 per 1,000 square
feet of floor area of assembly rooms.
Vehicle sales (large and small vehicles)
with outdoor retail sales areas:
A minimum and maximum of 1.0 per 5,000 square
feet. The sales area is not a parking lot and does
not have to comply with dimensional
requirements, landscaping or the bulk storage
section requirements for setbacks and screening.
Any arrangement of motor vehicles is allowed as
long as:
• A minimum 5-foot perimeter landscaping area is
provided;
• They are not displayed in required landscape
areas; and
• Adequate fire access is provided per Fire
Department approval.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
9
USE NUMBER OF REQUIRED SPACES
Vehicle service and repair (large and
small vehicles):
A minimum and maximum of 2.5 per 1,000 square
feet of net floor area.
Offices, medical and dental: A minimum and maximum of 5.0 per 1,000 square
feet of net floor area.
Offices, general: A minimum of 2.0 per 1,000 square feet of net
floor area and a maximum of 4.5 parking spaces
per 1,000 square feet of net floor area.
Eating and drinking establishments and
taverns:
A minimum and maximum of 10 per 1,000 square
feet of dining area.
Eating and drinking establishment
combination sit-down/drive-through
restaurant:
A minimum and maximum of 1.0 per 75 square
feet of dining area.
Retail sales and wholesale retail sales: A minimum and maximum of 2.5 per 1,000 square
feet of net floor area, except wholesale retail sales,
which is allowed a maximum of 5.0 per 1,000
square feet of net floor area if shared and/or
structured parking is provided.
Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000
square feet of net floor area.
Services, on-site (except as specified
below):
A minimum and maximum of 3.0 per 1,000 square
feet of net floor area.
Clothing or shoe repair shops, furniture,
appliance, hardware stores, household
equipment:
A minimum and maximum of 2.0 per 1,000 square
feet of net floor area.
Uncovered commercial area, outdoor
nurseries:
A minimum and maximum of 0.5 per 1,000 square
feet of retail sales area in addition to any parking
requirements for buildings.
Recreational and entertainment uses:
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
10
USE NUMBER OF REQUIRED SPACES
Outdoor and indoor sports arenas,
auditoriums, stadiums, movie theaters,
and entertainment clubs:
A minimum and maximum of 1.0 for every 4 fixed
seats or 10 per 1,000 square feet of floor area of
main auditorium or of principal place of assembly
not containing fixed seats, whichever is greater.
Bowling alleys: A minimum and maximum of 2.0 per alley.
Dance halls, dance clubs, and skating
rinks:
A minimum and maximum of 1.0 per 40 square
feet of net floor area.
Golf driving ranges: A minimum and maximum of 1.0 per driving
station.
Marinas: A minimum and maximum of 2.0 per 3 slips. For
private marina associated with a residential
complex, then 1.0 per 3 slips. Also 1 loading area
per 25 slips.
Miniature golf courses: A minimum and maximum of 1.0 per hole.
Other recreational: A minimum and maximum of 1.0 per occupant
based upon 50% of the maximum occupant load as
established by the adopted Building and Fire Codes
of the City of Renton.
Travel trailers: A minimum and maximum of 1.0 per trailer site.
COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE:
Convalescent center, drive-through
retail, drive-through service, hotels,
mortuaries, indoor sports arenas,
auditoriums, movie theaters,
entertainment clubs, bowling alleys,
dance halls, dance clubs, and other
recreational uses:
These uses follow the standards applied outside
the Center Downtown Zone.
Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000
square feet of net floor area.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
11
USE NUMBER OF REQUIRED SPACES
All commercial uses allowed in the CD
Zone except for the uses listed above:
A maximum of 1.0 space per 1,000 square feet of
net floor area, with no minimum requirement.
SHOPPING CENTERS:
Shopping centers (includes any type of
business occupying a shopping center):
A minimum of 2.5 per 1,000 square feet of net
floor area and a maximum of 5.0 per 1,000 square
feet of net floor area. In the UC-N1 and UC-N2
Zones, a maximum of 4.0 per 1,000 square feet of
net floor area is permitted unless structured
parking is provided, in which case 5.0 per 1,000
square feet of net floor area is permitted. Drive-
through retail or drive-through service uses must
comply with the stacking space provisions listed
above.
INDUSTRIAL/STORAGE ACTIVITIES:
Airplane hangars, tie-down areas: Parking is not required. Hangar space or tie-down
areas are to be utilized for necessary parking.
Minimum and maximum parking for offices
associated with hangars is 5.0 per 1,000 square
feet.
Manufacturing and fabrication,
laboratories, and assembly and/or
packaging operations:
A minimum of 1.0 per 1,000 square feet of net
floor area and a maximum of 1.5 spaces per 1,000
square feet of net floor area (including warehouse
space).
Self service storage: A minimum and maximum of 1.0 per 3,500 square
feet of net floor area. Maximum of three 3.0
moving van/truck spaces is permitted.
Outdoor storage area: A minimum and maximum of 0.5 per 1,000 square
feet of area.
Warehouses and indoor storage
buildings:
A minimum and maximum of 1.0 per 1,500 square
feet of net floor area.
PUBLIC/QUASI-PUBLIC ACTIVITIES:
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
12
USE NUMBER OF REQUIRED SPACES
Religious institutions: A minimum and maximum of 1.0 for every 5 seats
in the main auditorium; however, in no case shall
there be less than 10.0 spaces. For all existing
institutions enlarging the seating capacity of their
auditoriums, 1.0 additional parking space shall be
provided for every 5 additional seats provided by
the new construction. For all institutions making
structural alterations or additions that do not
increase the seating capacity of the auditorium,
see “outdoor and indoor sports arenas,
auditoriums, stadiums, movie theaters, and
entertainment clubs.”
Medical institutions: A minimum and maximum of 1.0 for every 3 beds,
plus 1.0 per staff doctor, plus 1.0 for every 3
employees.
Cultural facilities: A minimum and maximum of 40 per 1,000 square
feet.
Public post office: A minimum and maximum of 3.0 for every 1,000
square feet.
Secure community transition facilities: A minimum and maximum of 1.0 per 3 beds, plus
1.0 per staff member.
Schools:
Elementary and junior high: A minimum and maximum of 1.0 per employee. In
addition, if buses for the transportation of
students are kept at the school, 1.0 off-street
parking space shall be provided for each bus of a
size sufficient to park each bus.
Senior high schools: public, parochial and
private:
A minimum and maximum of 1.0 per employee
plus 1.0 space for every 10 students enrolled. In
addition, if buses for the private transportation of
children are kept at the school, 1.0 off-street
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
13
USE NUMBER OF REQUIRED SPACES
parking space shall be provided for each bus of a
size sufficient to park each bus.
Colleges and universities, arts and crafts
schools/studios, and trade or vocational
schools:
A minimum and maximum of 1.0 per employee
plus 1.0 for every 3 student rooming units, plus 0.5
space for every full-time student not residing on
campus. In addition, if buses for transportation of
students are kept at the school, 1.0 off-street
parking space shall be provided for each bus of a
size sufficient to park each bus.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
AGENDA ITEM # 7. i)
ORDINANCE NO. ________
14
SECTION V. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED: 2234: 11/8/2022
AGENDA ITEM # 7. i)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-2-080.A.16, 4-2-120.B, AND 4-9-200.B OF THE RENTON
MUNICIPAL CODE, TO ALLOW RESIDENTIAL DEVELOPMENT IN THE
COMMERCIAL OFFICE ZONE, AUTHORIZING CORRECTIONS, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-2-080.A.16 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-2-080.A remain in effect and unchanged.
16. Attached dwelling units may be allowed through a Planned Urban
Development pursuant to RMC 4-9-150, Planned Urban Development
Regulations, and in conformance with the following:
AGENDA ITEM # 7. j)
ORDINANCE NO. ________
2
a. Mass Transit Facilities: At least fifty percent (50%) of the lot shall
be located within one-quarter (1/4) mile (as the crow flies) of at least one of the
following:
i. Bus Stop: An official bus service stop that offers levels of service
comparable to all of the following:
(a) Service at least every ten (10) minutes during peak
morning and evening travel times;
(b) Fifteen (15) minute service during off-peak periods;
(c) Scheduled service for late night/early mornings; and or
(d) Full service seven (7) days a week.
ii. Dedicated Park and Ride: A Park and Ride, as defined in
RMC 4-11-160, Definitions P.
iii. Commuter Rail: A passenger rail station.
b. Mixed Use Building: Dwelling units shall be are allowed only
within a vertically mixed use building with ground floor commercial and a
minimum of eight (8) stories that is designed and developed pursuant to RMC 4-
4-150, Residential Mixed-Use Development Standards. Commercial uses on the
ground floor shall be limited to retail sales, on-site services, eating and drinking
establishments, taverns, daycares, preschools, indoor recreational facilities, pet
daycares, craft distilleries/small wineries/micro-breweries with tasting rooms and
similar uses as determined by the Administrator.
AGENDA ITEM # 7. j)
ORDINANCE NO. ________
3
c. Structured Parking: Required parking for the dwelling units shall
be provided entirely within an attached structured parking facility. If not provided
within a structured parking garage, surface parking lots serving commercial uses
shall be located to the rear and/or side of the building.
d. Prohibited Locations: The lot shall not be located within one
thousand feet (1,000') of an adult retail or entertainment business located within
the City of Renton.
e. Entitlement Process: Sites less than two (2) acres in area shall be
entitled in accordance with RMC 4-9-150, Planned Urban Development
Regulations. For larger sites see RMC 4-9-200, Master Plan and Site Plan Review.
SECTION III. Subsection 4-2-120 of the Renton Municipal Code is amended as shown in
Attachment A.
SECTION IV. Subsection 4-9-200.B of the Renton Municipal Code is amended as follows:
B. APPLICABILITY AND AUTHORITY:
1. Master Plan Review: Master plan review is required for all CA zoned
sites two and one-half (2.5) acres or greater in area upon which residential mixed-
use development is proposed, and master plan review is required for all phased
development projects regardless of zone. When existing parcels are twenty-five
(25) acres or smaller, a master plan incorporating all abutting lots in common
ownership as of December 1, 2003, is required. When master plan review is
required, such plan shall incorporate all commonly-owned abutting lots, provided
AGENDA ITEM # 7. j)
ORDINANCE NO. ________
4
that the total land area of said lots do not exceed twenty-five (25) acres. Master
plan review is required for:
a. CA-zoned sites two and one-half (2.5) acres or greater in area upon
which residential development is proposed;
b. CO-zoned sites two (2) acres or greater in area upon which
residential development is proposed; and
c. All phased development projects regardless of zone.
2. Site Plan Review:
a. When Required: Site plan review is required for all development in
the IL, CO, CN, CD, CA, CV, COR, UC-1, UC-2, R-10, RMH, RM, and R-14 zones, all
development within the Employment Area (EA) designation, and for the following
types of development, regardless of zone:
i. K-12 educational institutions.
ii. Parks.
iii. Outdoor recreation facilities.
iv. Rental services with outdoor storage.
v. Hazardous Waste Facilities: All hazardous waste treatment and
storage facilities.
vi. Medical institutions, assisted living, and convalescent care
facilities.
vii. Cottage house developments.
AGENDA ITEM # 7. j)
ORDINANCE NO. ________
5
b. Optional: When specifically authorized by the development
standards, site plan review may be used as a means to propose modifications to
development standards for developments otherwise exempt from site plan
review.
3. Authority: The Community and Economic Development Administrator
shall have the authority to approve, approve with conditions, or deny proposals
based on this Section when no other permit or approval requires Hearing
Examiner review.
SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitut ionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VII. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
AGENDA ITEM # 7. j)
ORDINANCE NO. ________
6
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED: 11.8.22 :2235
AGENDA ITEM # 7. j)
ORDINANCE NO. ________
7
ATTACHMENT A
4-2-120B
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
LOT DIMENSIONS
Minimum Lot Size for lots
created after July 11, 19939
None 25,000 sq. ft. None
Minimum Lot Width/Depth for
lots created after July 11, 1993
None
LOT COVERAGE
Maximum Lot Coverage for
Buildings
None 65%19 of total lot area or 75%19 if parking is provided within the
building or within a parking garage.
DENSITY (Dwelling Units per Net Acre)
Minimum Net Residential
Density9
75 dwelling units per net acre. 75 dwelling units per net acre.22 Where a development involves
residential, the minimum
density shall be 30 dwelling
units per net acre.
The same area used for
commercial and office
development can also be used
to calculate residential density.
Where commercial and/or
office areas are utilized in the
calculation of density, the City
may require restrictive
covenants to ensure the
maximum density is not
exceeded should the property AGENDA ITEM # 7. j)
ORDINANCE NO. ________
8
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
be subdivided or in another
manner made available for
separate lease or conveyance.
Maximum Net Residential
Density9
150 dwelling units per net acre.
Density may be increased to 200
dwelling units per net acre
subject to conditional use permit
approval.1, 21
150 dwelling units per net acre.
Density may be increased up to 250
dwelling units per net acre subject
to conditional use permit
approval.1, 21
50 dwelling units per net acre.1,
21
The same area used for
commercial and office
development can also be used
to calculate residential density.
Where commercial and/or
office areas are utilized in the
calculation of density, the City
may require restrictive
covenants to ensure the
maximum density is not
exceeded should the property
be subdivided or in another
manner made available for
separate lease or conveyance.
SETBACKS
Minimum Front Yard14,18
None Residential Mixed Use Buildings: 0
ft.
Buildings less than 25 ft. in
height: 15 ft.19
Buildings 25 ft. to 80 ft. in
height: 20 ft.13,19
Determined through site plan
review. AGENDA ITEM # 7. j)
ORDINANCE NO. ________
9
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
Buildings over 80 ft. in
height: 30 ft.13,19
Maximum Front Yard18
15 ft. – for buildings, or for
portions thereof, 25 ft. or less in
height.
None – for that portion of a
building over 25 ft. in height.
Residential Mixed Use
Buildings: 15 ft.
All Other Buildings: None
Determined through site plan
review.
Minimum Secondary Front
Yard14,18
None 0 ft.19 for Residential Mixed use
Buildings
15 ft.19 – for buildings less than 25
ft. in height.
20 ft.13,19 – for buildings 25 ft. to 80
ft. in height.
30 ft.13,19 – for buildings over 80 ft.
in height.
Determined through site plan
review.
Maximum Secondary Front
Yard18
15 ft. – for buildings, or for
portions thereof, 25 ft. or less in
height.
None – for that portion of a
building over 25 ft. in height.
Residential Mixed Use
Buildings: 15 ft.15
All Other Buildings: None
Determined through site plan
review.
Minimum Freeway Frontage
Setback
10 ft. landscaped setback from the property line.
Minimum Rear Yard14,18
None, unless the ground floor
facade provides windows for
living rooms of attached
dwellings – then 10 ft. – unless
None required, except, 15 ft. if
abutting a lot zoned residential.
Determined through site plan
review. AGENDA ITEM # 7. j)
ORDINANCE NO. ________
10
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
adjacent to an alley, then none.
Additionally, if the CD lot abuts a
lot zoned residential, then there
shall be a 15 ft. landscaped strip
or a 5 ft. wide sight-obscuring
landscaped strip and a solid 6 ft.
high barrier along the common
boundary with an additional 5 ft.
setback from the barrier.
Minimum Side Yard18
None, unless the ground floor
facade provides living room
windows of attached dwellings –
then 10 ft. – unless adjacent to
an alley, then none. Additionally,
if the CD lot abuts a lot zoned
residential, then there shall be a
15 ft. wide landscaped strip or a
5 ft. wide sight-obscuring
landscaped strip and a solid 6 ft.
high barrier along the common
boundary with an additional 5 ft.
setback from the barrier.
None required, except 15 ft. if
abutting or adjacent to a residential
zone.
Determined through site plan
review.
Clear Vision Area n/a In no case shall a structure over 42 in. in height intrude into the 20 ft.
clear vision area defined in RMC 4-11-030.
BUILDING LIMITATIONS
Maximum Gross Floor Area of
Any Residential Use on a Site Limited to 25% of the total gross
floor area of all buildings on site. AGENDA ITEM # 7. j)
ORDINANCE NO. ________
11
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
LANDSCAPING
General See RMC 4-4-070
HEIGHT
Maximum Building Height
95 ft. Heights may exceed the
Zone’s maximum height with a
conditional use permit.6
250 ft.6 10 stories and/or 125 ft.6
Maximum Building Height
When a Lot Is Abutting a Lot
Designated as Residential
20 ft. more than the maximum
height allowed in the abutting
residential zone. Heights may
exceed the maximum height
with a Hearing Examiner
conditional use permit.6
20 ft. more than the maximum
height allowed in the abutting
residential zone.6
Determined through site plan
review.
Maximum Height for Wireless
Communication Facilities6, 9
See RMC 4-4-140
SCREENING
Minimum Required for
Outdoor Loading, Repair,
Maintenance, Storage or Work
Areas; Surface-Mounted
Utility and Mechanical
Equipment; Roof Top
Equipment (Except for
Telecommunication
Equipment)
See RMC 4-4-095
Refuse or Recycling See RMC 4-4-090 AGENDA ITEM # 7. j)
ORDINANCE NO. ________
12
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
PARKING AND LOADING
General
See RMC 4-4-080 and RMC 10-10-13 See RMC 4-4-080 and RMC 10-
10-13. Direct arterial access to
individual structures shall occur
only when alternative access to
local or collector streets or
consolidated access with
adjacent uses is not feasible.
Required Location for Parking
All parking shall be provided in
the rear portion of the site, with
access taken from an alley,
where available. Surface parking
shall not be located between a
building and a street. Parking
may be located off-site subject
to a joint parking requirement.
n/a
PEDESTRIAN ACCESS
General
n/a A pedestrian connection shall be
provided from a public entrance to
the street, unless the Reviewing
Official determines that the
requirement would unduly
endanger the pedestrian.
Determined through site plan
review.
SIGNS
General See RMC 4-4-100 AGENDA ITEM # 7. j)
ORDINANCE NO. ________
13
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
LOADING DOCKS
Location
For permitted manufacturing
and fabrication uses, parking,
docking and loading areas for
truck traffic shall be off-street
and screened from view of
abutting public streets.
Not permitted on the side of the lot
adjacent or abutting to a lot zoned
residential.3
Determined through site plan
review.
DUMPSTER/RECYCLING COLLECTION AREA
Size and Location of Refuse or
Recycling Areas
See RMC 4-4-090
CRITICAL AREAS
General See RMC 4-3-050 and 4-3-090
SPECIAL DEVELOPMENT STANDARDS
Design Regulations
See RMC 4-3-100, Urban Design
Regulations
Design District D of RMC 4-3-100,
Urban Design Regulations, shall
apply to all residential mixed use
buildings.
Urban Design Regulations are not
applicable to other buildings.
See RMC 4-3-100, Urban Design
Regulations.
Upper Story Setbacks
None, unless adjacent to and
facing a residentially zoned lot or
if the facade contains living room
windows – then 10 ft. for the
second story and 15 ft. for all
Residential mixed use buildings:
buildings or portions of buildings
that exceed one hundred feet
(100') in height shall include upper
story setbacks as follows: The
minimum setback for a seventh
Buildings or portions of
buildings that exceed fifty feet
(50') in height shall include
upper story setbacks as follows:
The minimum setback for a fifth
story and succeeding stories AGENDA ITEM # 7. j)
ORDINANCE NO. ________
14
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
upper stories. Also, see RMC 4-3-
100, Urban Design Regulations
(7th) story and succeeding stories
shall be ten feet (10') minimum
from the preceding story,
applicable to each story, or an
equivalent standard that adds
interest and quality to the building.
shall be ten feet (10') minimum
from the preceding story,
applicable to each story or an
equivalent standard that adds
interest and quality to the
building.
Roofline and Facade
Modulation
See RMC 4-3-100, Urban Design
Regulations
Residential mixed use buildings:
buildings shall provide vertical and
horizontal modulation of roof lines
and facades of not less than two
feet (2') at a minimum interval of
forty feet (40') per building face, or
an equivalent standard that adds
interest and quality to the building.
Buildings shall provide vertical
and horizontal modulation of
roof lines and facades of not
less than two feet (2') at a
minimum interval of forty feet
(40') per building face, or an
equivalent standard that adds
interest and quality to the
building.
AGENDA ITEM # 7. j)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4-4-040.E.2, 4-4-040.F, AND 4-4-040.G OF THE RENTON
MUNICIPAL CODE; AMENDING PROCEDURES AND APPLICABILITY FOR
VARIATION FROM FENCE OR HEDGE STANDARDS, AUTHORIZING CORRECTIONS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the purpose of the proposed code amendment is to revise RMC 4 -4-040,
Fences, Hedges, and Retaining Walls, to ensure that the Special Administrative Fence Permit is
used for proposals of an appropriate scale and all other requests are reviewed through an
Administrative Variance; and
WHEREAS, with this Ordinance, the City seeks to revise RMC 4-4-040, Fences, Hedges,
and Retaining Walls, to introduce an applicability for Special Administrative Fence Permits and to
provide clarity on review process; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 7. k)
ORDINANCE NO. ________
2
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-4-040.E.2 of the Renton Municipal Code is amended as
shown below. All other provisions in 4-4-040.E remain in effect and unchanged.
2. Additional Height Limitations in Commercial Zones:
a. Front Yard: Fences, hedges, or retaining walls shall not exceed forty
eight forty-eight inches (48") in height within fifteen feet (15') of the front yard
property line. In no case shall a fence, hedge, or retaining wall exceed forty -two
inches (42") in height in any part of the clear vision area as defined by RMC 4-11-
030, Definitions C.
b. Secondary Front Yard: Fences, hedges, or retaining walls shall not
exceed forty eight forty-eight inches (48") in height within fifteen feet (15') of the
secondary front yard property line. In no case shall a fence, hedge, or retaining
wall exceed forty-two inches (42") in height in any part of the clear vision area as
defined by RMC 4-11-030, Definitions C.
c. Rear Yard: Fences, hedges, or retaining walls shall not exceed forty
eight forty-eight inches (48") in height within fifteen feet (15') of a rear yard
property line that abuts a public street.
AGENDA ITEM # 7. k)
ORDINANCE NO. ________
3
SECTION III. Subsection 4-4-040.F of the Renton Municipal Code is amended as follows:
F. VARIATION FROM FENCE OR HEDGE STANDARDS:
1. Unless otherwise determined through the site plan review or
subdivision review process, a A property owner wishing proposing to vary the
standards for a fence or hedge on a lot with special circumstances may submit a
written application to the Department for a special administrative fence permit or
a variance administrative review. Requests shall be evaluated as follows:
a. A special administrative fence permit application shall be evaluated
for any proposal to increase a permitted fence or hedge height allowa nce from
forty-eight inches (48”) up to seventy-two inches (72”) within the setbacks of front
yards, secondary front yards, or rear yards abutting a public or private street
and/or proposals to modify fence height exception criteria set forth in subsection
D2e of this section. The written application shall include a letter of justification,
site plan, and typical elevation, together with the current permit fee. The
Department’s staff shall review the application and prepare a written
AGENDA ITEM # 7. k)
ORDINANCE NO. ________
4
determination based upon criteria listed in subsection G of this Section, Special
Administrative Fence Permits.
b. A Variance application shall be evaluated for any proposed fence
or hedge greater than seventy-two inches (72”) in height anywhere within a
residential zone or within fifteen feet (15’) of the property lines of a front yard,
secondary front yard, or rear yard abutting a public street in any commercial zone.
A Variance is also required for any proposed fence or hedge greater than eight
feet (8’) in height within commercial and industrial zones. No separate special
fence permit is required for a development proposal which requires site plan
review or subdivision review process, provided variations were permitted though
these processes.
2. Clear Vision Area: The fence proposed for special permits shall have
no portion in the clear vision area over forty-two inches (42") in height. The
location and height of the fence must not obstruct views of oncoming traffic, or
views from driveways.
SECTION IV. Subsection 4-4-040.G of the Renton Municipal Code is amended as follows:
G. SPECIAL ADMINISTRATIVE FENCE PERMITS:
1. Applicability: Proposals on lots with special circumstances, such as
corner lots or lots with multiple street frontages, that seek to modify residential
height limitations within setbacks, residential fence height exception for
secondary front yard setbacks and rear yard setbacks abutting a street criteria, or
additional height limitations in commercial zones may apply for a special
AGENDA ITEM # 7. k)
ORDINANCE NO. ________
5
administrative fence permit. Special lot circumstances may include lot orientation,
multiple street frontages or other circumstances as det ermined by the
Administrator.
21. Evaluation Criteria: The Administrator may approve the issuance of
special fence permits; provided, that the following criteria can be met:
a. The proposed fence or hedge is not out of character with the
surrounding neighborhood;
b. The proposed fence or hedge does not detract from the quality of
the environment by being out of scale or creating vast blank walls along public
roadways;
c. The proposed fence or hedge complements the environment it
serves in an aesthetically pleasing manner; and
d. The proposed fence or hedge does not present a hazard to vehicular
or pedestrian traffic; and
e. The proposed fence or hedge is necessary due to special lot
circumstances.
32. Acceptable Measures to Meet Criteria: Acceptable measures to
achieve these criteria include, but are not limited to, the following:
a. Permanent landscaping along the front of the fence;
b. Quality fence material, such as cedar fencing;
c. Modulation of the fence;
AGENDA ITEM # 7. k)
ORDINANCE NO. ________
6
d. Similar design and material as other fences in the surrounding
neighborhood;
e. Increased setbacks from the abutting sidewalk;
f. Ornamental materials or construction treatment, such as wrought
iron;
g. Orientation of the finished face of the fence toward the street;
h. The fence is at least fifty percent (50%) transparent; and
i. Other comparable construction or design methods.
3. Clear Vision Area: The fence proposed for special permits shall have no
portion in the clear vision area over forty two inches (42") in height. The location
and height of the fence must not obstruct views of oncoming traffic, or views from
driveways.
SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
AGENDA ITEM # 7. k)
ORDINANCE NO. ________
7
SECTION VII. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED: 11/8/2022: 2241
AGENDA ITEM # 7. k)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDRESSING THE
PERMISSIBILITY OF SMOKING LOUNGES CITYWIDE BY AMENDING SUBSECTION
4-2-060.J, 4-11-160, AND 4-11-190 OF THE RENTON MUNICIPAL CODE,
AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on August 12, 2022, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on September 7, 2022,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Subsection 4-2-060.J of the Renton Municipal Code is amended as shown
in Attachment A. All other provisions in 4-2-060 remain in effect and unchanged.
SECTION III. Section 4-11-160 of the Renton Municipal Code is amended as follows:
PARCEL: A unit of land created specifically for the purpose of tax collection.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
2
PARENT SITE: (This definition for RMC 4-7-090, Unit Lot Subdivision, only.) The
aggregate of all land (irrespective of existing or future unit lots, tracts, or other
distinct properties) within the boundaries of the original lot(s) subject to a unit lot
subdivision within which townhouses exist or are proposed, and the land
underlying the townhouses subdivided so that each townhouse dwelling unit is
located on a unit lot.
PARK: For purposes of the application of setback requirements for uses regulated
by the provisions of RMC 4-3-010, a “park” is defined as a tract of land provided
by a unit of government to meet the active and/or passive recreational needs of
people.
PARK AND RIDE, DEDICATED: A surface parking lot or structured parking garage
used for parking of vehicles for commuters using any form of transit or
ridesharing. This definition excludes commercial or public surface parking and
commercial or public structured parking garages.
PARK AND RIDE, SHARED-USE: A pre-existing parking lot or structured parking
garage created for purposes other than commuter parking that has specific
numbers of spaces or an entire lot or garage leased to a transit authority to allow
commuters to park their vehicles to use any form of transit or ridesharing. This
definition excludes dedicated park and rides, commercial or public surface
parking, and commercial or public structured parking garage.
PARK, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are
designed for organized activities and sports, although individual and family
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
3
activities are also encouraged. Where there are no neighborhood parks, the
community or regional park can serve this function. Larger parks often include one
specific use or feature that makes the park unique. This definition includes but is
not limited to community and regional parks as defined by the City of Renton Parks
Plan, trails for nonmotorized travel, and accessory uses normal and incidental to
parks.
PARK, NEIGHBORHOOD: A combination playground and park designed primarily
for nonsupervised, nonorganized recreation activities. They are generally small in
size. This definition includes but is not limited to community gardens and other
accessory uses normal and incidental to parks.
PARKING, BICYCLE: An off-street space intended for the use of bicycle storage,
which includes a bicycle rack or similar facility that allows one to lock a bicycle in
place.
PARKING GARAGE, STRUCTURED, COMMERCIAL OR PUBLIC: A building or
structure which may be located above or below ground, with stalls accessed via
interior aisles, and used for temporary storage of motor vehicles. Structured
parking can be a stand-alone use or a part of a building containing other uses. This
definition excludes dedicated park and rides, shared-use park and rides, and
commercial or public surface parking.
PARKING MODULE: A parking area that meets maximum physical dimensions as
delineated in the Urban Center Design Overlay regulations.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
4
PARKING, OFF-SITE: Parking for a particular land use on land separate from the
land on which the use occurs. The use for parking is subject to a lease or other
agreement ensuring the perpetual use of the off-site land for parking.
PARKING SPACE or PARKING STALL: A parking space is any off-street space
intended for the use of temporary vehicular storage for durations of less than
seventy-two (72) hours with ingress and egress to the space easily identifiable.
Included in this definition are the permanent surface, striping, landscaping and
other features required by RMC 4-4-080.
PARKING, SURFACE, COMMERCIAL OR PUBLIC: Open lots or grounds with at-
grade parking improvements. This definition excludes dedicated park and rides,
shared-use park and rides, and commercial and public structured parking garages.
PARKING, TANDEM: The parking of one motor vehicle behind another, in a space
two (2) car lengths long, but only one car length wide.
PARTY OF RECORD: Party of record means:
1. The permit applicant and the owner of property subject to the land u se
decision;
2. The appellant (if different than the permit applicant);
3. The City (if different than the appellant); or
4. Any person who provided a complete name and address (either physical
address or email address) and testified during the open record public hearing,
either verbally or in writing, on the application and/or any person who submitted
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
5
written comments during administrative review, excluding persons who have only
signed petitions or mechanically produced form letters.
PARTY OF RECORD: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) All persons, agencies or organizations who have submitted
written comments in response to a notice of application prior to the close of the
public hearing or during the administrative review; made oral comments in a
formal public hearing conducted on the application; or notified local government
of their desire to receive a copy of the final decision on a permit and who have
provided an address for delivery (either physical address or email address) of such
notice by mail.
PASSIVE RECREATION: See RECREATION, PASSIVE.
PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or
asphalt underlain by a subgrade of crushed rock.
PAVEMENT WIDTH: Width of paved driving and parking surface, including street
gutters as measured from face of curb to face of curb, or from edge of pavement
where there are no curbs.
PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of
discharge, determined from the design storm frequency.
PEDESTRIAN CORRIDORS: Areas designated in the Comprehensive Plan as
primary routes for pedestrian use to connect sub-areas of the City or regional trail
systems, and to provide access to public facilities.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
6
PEDESTRIAN-ORIENTED DEVELOPMENT/STREET: Development on a pedestrian-
oriented street is encouraged through master planning, building location and
design guidelines and typically meets the following criteria: 1) buildings in scale
with the street, one to two (2) stories along residential/minor collectors and three
(3) or more stories along primary and secondary arterials, 2) buildings located
close to the street/walkway, 3) at least one pedestrian entry oriented to the
street, and 4) clearly identified sidewalks and/or grade separated walkways.
PEDESTRIAN-ORIENTED FACADE: Facades featuring characteristics that make
them attractive to pedestrians, including transparent window area or window
displays along the ground floor facade, primary building entry, and overhead
weather protection along at least seventy five percent (75%) of the facade.
PEDESTRIAN-ORIENTED SPACE: A publicly accessible space that includes
elements such as visual and pedestrian access to abutting structures, paved
walking surfaces of either concrete or unit paving, on-site or building-mounted
lighting, and public seating areas.
PEDESTRIAN-ORIENTED STREET: See STREET, PEDESTRIAN-ORIENTED.
PEDESTRIAN-ORIENTED USE: Businesses typically frequented by and conveniently
located for use by pedestrians.
PERENNIAL: Waters which flow continuously.
PERFORMANCE BOND OR GUARANTEE: That security which may be accepted in
lieu of a requirement that certain improvements be made before approval of the
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final plat, including performance bonds, escrow agreements, and other similar
collateral or surety agreements.
PERMANENT SUPPORTIVE HOUSING: Consistent with RCW 36.70A.030,
subsidized, leased dwelling units with no limit on length of stay that prioritizes
people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical
for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing
is paired with on-site or off-site voluntary services designed to support a person
living with a complex and disabling behavioral health or physical health condition
who was experiencing homelessness or was at imminent risk of homelessness
prior to moving into housing to retain their housing and be a successful tenant in
a housing arrangement, improve the resident's health status, and connect the
resident of the housing with community-based health care, treatment, or
employment services. Permanent supportive housing is subject to all of the rights
and responsibilities defined in Chapter 59.18 RCW.
PERMIT, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) Any substantial development, variance, conditional use
permit, or revision authorized under chapter 90.58 RCW.
PERMITTED USES: See USES, PERMITTED.
PERSON: Any person, individual, public or private corporation, firm, association,
joint venture, partnership, municipality, government agency, political subdivision,
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public officer, owner, lessee, tenant, other legal entity, or any other entity
whatsoever or any combination of such, jointly or severally.
PERVIOUS SURFACE: Any surface material that allows stormwater to infiltrate into
the ground. Examples include lawn, landscape, pasture, and native vegetation
areas. Note for purposes of Surface Water Design Manual (RMC 4-6-030)
threshold determination and runoff volume modeling for detention and
treatment, vegetated roofs and permeable pavements are to be considered
impervious surfaces along with lawns, landscaping, sports fields, golf courses, and
other areas that have modified runoff characteristics resulting from the addition
of underdrains.
PET DAY CARE: A commercial facility where four (4) or more dogs or other
household pet animals are left by their owners for periods of supervision during
the hours the facility is open to the public (i.e., business hours).
PETS, HOUSEHOLD: Animals that are generally kept as part of a household and for
the purpose of companionship. These animals are to include: dogs, cats, rabbits,
caged indoor birds, small rodents, nonvenomous reptiles and amphibians
weighing less than ten (10) pounds, and others of similar size and characteristics
as approved by the Planning Director.
PIER: A general term including docks and similar structures consisting of a fixed or
floating platform extending from the shore over the water. This definition does
not include overwater trails.
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PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves,
manholes, sumps, and appurtenances that are in contact with the substance being
transported) utilized for the conveyance of hazardous materials. Pipelines include,
but are not limited to, sanitary sewers, side sewers, storm sewers, leachate
pipelines, and product pipelines.
PLANNED UNIT DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline
Master Program Regulations, use only.) Special contractual agreement between
the developer and a governmental body governing development of land.
PLANNED URBAN DEVELOPMENT (PUD): Any development approved and
developed in accordance with the terms of RMC 4-9-150, including a subdivision
of such land, which development may occur at one time or in phases.
PLANNING COMMISSION: That body as defined in chapters 35.63, 35A.63,
or 36.70 RCW as designated by the legislative body to perform a planning function
or that body assigned such duties and responsibilities under a city or county
charter.
PLANNING DIRECTOR: The individual under the direction of the Community and
Economic Development Administrator who plans, organizes, coordinates and
directs the City’s Planning Division, including the development and adoption of
the City’s Comprehensive Plan, zoning, and development regulations, or designee.
Additionally, the Planning Director is responsible for application and enforcement
of the City’s zoning, shoreline management, and environmental ordinances,
review and processing of all land use subdivision permit applications.
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PLANT ASSOCIATIONS OF INFREQUENT OCCURRENCE: One or more plant species
in a landform type that, because of the rarity of the habitat or the species involved,
or both, or for other botanical or environmental reasons, do not often occur in
King County.
PLANTING STRIP: That part of a street right-of-way between the abutting property
line and the curb or traveled portion of the street, exclusive of any sidewalk.
PLAT: A map or representation of a subdivision, showing thereon the division of a
parcel of land into lots, blocks, streets, and alleys or other division and dedications.
PLAT, FINAL: The final drawing of a subdivision and dedication prepared for filing
for record with the County Auditor and containing all elements and requirements
set forth in this Title and chapter 58.17 RCW.
PLAT, PRELIMINARY: A drawing of a proposed subdivision of land into ten (10) or
more individual lots showing the general layout of streets and alleys, lots, blocks,
and other elements of a subdivision consistent with the requirements of the City
subdivision regulations and chapter 58.17 RCW. The preliminary plat shall be the
basis for the approval or disapproval of the general layout of a subdivision.
PLAT, SHORT: The division or redivision of land into nine (9) or fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership.
POTABLE WATER: See RMC 4-6-100.
POTENTIAL ANNEXATION AREAS: Areas within the Urban Growth Area that have
been designated for annexation to the City within the twenty (20) year planning
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horizon by agreement with King County as required by the Countywide Planning
Policies and the Growth Management Act.
POTW: See RMC 4-6-100.
PREAPPLICATION MEETING: A conference held with a project applicant and City
representative(s) in advance of the proposed land use project application. During
the conference, the City representative(s) inform the applicant of applicable
policies, plans, and requirements as they apply to the proposed development
project.
PRELIMINARY APPROVAL: The official favorable action taken on the preliminary
plat of a proposed subdivision, metes and bounds description, or dedication, by
the Hearing Examiner following a duly advertised public hearing.
PRELIMINARY PLAT: See PLAT, PRELIMINARY.
PRESCHOOL: Nursery schools or kindergartens which are engaged primarily in
educational work with children and in which no child is enrolled on a regular basis
for more than four (4) hours per day.
PRESSURE VACUUM BREAKER: See RMC 4-6-100.
PRIMARY CONTAINMENT: See RMC 4-5-120G.
PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern
as identified by the Washington State Department of Wildlife Priority Habitat and
Species Program. “Priority habitats” are habitat types with unique or significant
value to many species. An area classified and mapped as priority habitat must have
one or more of the following attributes:
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1. Comparatively high fish and wildlife density.
2. Comparatively high fish and wildlife species diversity.
3. Important fish and wildlife breeding habitat.
4. Important fish and wildlife seasonal ranges.
5. Important fish and wildlife movement corridors.
6. Limited availability.
7. High vulnerability to habitat alteration.
8. Unique or dependent species.
“Priority species” are fish and wildlife species requiring protective measures
and/or management guidelines to ensure their perpetuation.
PRIVATE CLUB, FRATERNAL ORGANIZATION: An association of persons organized
for some common purpose, including civic, professional, social, trade, fraternal,
and other similar organizations, but not including groups organized primarily to
render a service which is customarily carried on as a busine ss. This definition
excludes smoking lounges.
PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for
firefighting purposes with restrictions as to use. The location may be such that it
is not readily accessible for immediate use by the fire authority for other than
certain private property.
PRODUCT TIGHT: See RMC 4-5-120G.
PROJECTION: The distance by which a sign extends over public property or beyond
the building line.
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PROPERTY OWNERS’ ASSOCIATION: See HOMEOWNERS’ ASSOCIATION.
PROPONENT: See APPLICANT.
PUBLIC ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A means of physical approach to and along the shoreline
available to the general public. This may also include visual approach.
PUBLIC AQUATIC LANDS: Land managed by the Washington State Department of
Natural Resources (DNR) located inside the designated inner harbor line.
PUBLIC FACILITIES: Publicly owned, operated, or leased land and the public
facilities and/or uses contained therein, such as streets, roads, highways,
sidewalks, street lighting systems, traffic signals, domestic water systems, storm
and sanitary sewer systems, park and recreation facilities, schools, and public
buildings. Public facilities do not include private structure s or uses located on or
utilizing public land or facilities (e.g., privately owned and operated Wireless
Telecommunication Facility located on leased public land).
PUBLIC INTEREST: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) The interest shared by the citizens of the State or
community at large in the affairs of government, or some interest by which their
rights or liabilities are affected including, but not limited to, an effect on public
property or on health, safety, or general welfare resulting from a use or
development.
PUBLICLY OWNED TREATMENT WORKS: See RMC 4-6-100.
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PUBLIC WORKS ADMINISTRATOR: The Administrator of the Public Works
Department or designee.
SECTION IV. Section 4-11-190 of the Renton Municipal Code is amended as
follows:
SALES/MARKETING TRAILERS, ON-SITE: Trailers used for temporary on-site sales
and marketing of developments and/or construction sites.
SALMONID MIGRATION BARRIER: An in-stream blockage that consists of a
natural drop (no human influence) with an uninterrupted slope greater than one
hundred percent (100%) (forty five (45) degree angle) and a height in excess of
eleven (11) vertical feet within anadromous salmon-bearing waters or a height in
excess of three (3) vertical feet within resident trout-only bearing waters. Human-
made barriers to salmonid migration (e.g., culverts, weirs, etc.) shall be considered
barriers to salmonid migration by this definition, only if they were lawfully
installed; permanent; present a complete barrier to salmonid passage based on
hydraulic drop, water velocity, water depth, or any other feature which would
prevent all salmonids from passing upstream; and in the opinion of the
Community and Economic Development Administrator cannot be modified to
provide salmonid passage without resulting in significant impacts to other
environmental resources, major transportation and utility systems, or to the
public, and would have significant expense. For the purposes of this defi nition,
“significant expense” means a cost equal to or greater than fifty percent (50%) of
the combined value of the proposed site buildings, structures, and/or site
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improvements, and existing buildings, structures, and/or site improvements to be
retained.
SCHOOLS/STUDIOS, ARTS AND CRAFTS: Schools and studios for education in
various arts and crafts including but not limited to photography, dance, music, and
language skills.
SCOUR: The erosive action of running water in streams, which excavates and
carries away material from the bed and banks. Scour may occur in both earth and
solid rock material.
SECONDARY CONTAINMENT: See RMC 4-5-120G.
SECURE COMMUNITY TRANSITION FACILITY (SCTF): A residential facility for
persons civilly committed and conditionally released to a less restrictive
alternative under chapter 71.09 RCW. A secure community transition facility has
supervision and security, and either provides or ensures the provision of sex
offender treatment services. Secure community transition facilities include but
are not limited to the facilities established pursuant to RCW 71.09.250 and any
community-based facilities established under chapter 71.09 RCW and operated by
or under contract with the Washington State Department of Social and Health
Services. (Ord. 4982, 9-23-2002)
SEGREGATION: Division of land into lots or tracts each of which is one -one
hundred twenty eighth (1/128) of a section of land or larger, or five (5) acres or
larger if the land is not capable of description as a fraction of a section of land.
SENSITIVE AREAS: See CRITICAL AREAS.
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SEPA: The State Environmental Policy Act of 1971 (chapter 43.21C RCW).
SERVICEABLE: Presently usable.
SERVICES, OFF-SITE: Establishments primarily engaged in providing individual or
professional services at the customer’s home or place of business. Examples of
off-site services include, but are not limited to, temporary employment services,
janitorial services, and professional house cleaner services. This definition
excludes social service organizations and on-site services.
SERVICES, ON-SITE: Establishments primarily engaged in providing individual or
professional services within the place of business, such as beauty and barber
shops, retail laundry and dry-cleaning including coin-operated, garment
alterations and repair, photo studios, shoe repair, pet grooming, real estate
offices, personal accountants, indoor rental services, and repair of personal or
household items, except for vehicle repair. This definition excludes adult retail
uses, social service organizations, and off-site services.
SETBACK: The minimum required distance between the building footprint and the
property line and any private access easement or tract. For lots containing private
access easements, setbacks are the minimum required distance between the
building footprint and the easement. A setback is measured perpendicularly from
a lot line or private easement access to the outer wall of the structure. In the case
where a structure does not have an outer wall, such as a carpo rt, the
measurement shall be to the posts of such structure, unless otherwise determined
by the Department of Community and Economic Development.
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SETBACK: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A required land area specified in the Shoreline Master
Program, measured horizontally upland from and perpendicular to the Vegetation
Conservation Buffer within which no buildings or other permanent structures may
be constructed and that serves to protect the vegetation con servation buffer
during development activities, use, and routine maintenance of structures and
improvements landward of the building setback.
SETBACK LINE, LEGAL: The line established by ordinance beyond which no
building may be built.
SEWAGE: See RMC 4-6-100.
SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility designed for the
collection, removal, treatment, and disposal of waterborne sewage. This
definition excludes disposal facilities.
SEWAGE TREATMENT PLANT: See RMC 4-6-100.
SEWAGE WORKS: See RMC 4-6-100.
SEWER: See RMC 4-6-100.
SEWER, BUILDING: See RMC 4-6-100.
SEWER, PUBLIC: See RMC 4-6-100.
SEWER, SANITARY: See RMC 4-6-100.
SHARED PARKING: Use of a parking area for more than one use.
SHOPPING CENTER: A group of buildings, structures and/or uncovered
commercial areas, or a single building containing four (4) or more individual
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commercial establishments, planned, developed and managed as a unit related in
location and type of shops to the trade areas that the unit serves.
SHORELAND or SHORELAND AREAS: Those lands extending landward for two
hundred feet (200') in all directions, as measured on a horizontal plane from
ordinary high water mark; floodways and contiguous floodplain areas landward
two hundred feet (200') from such floodways; and all marshes, bogs, swamps, and
river deltas, associated with streams, lakes and tidal waters which are subject to
the provisions of the State Shorelines Management Act. For purposes of
determining jurisdictional area, the boundary will be either two hundred feet
(200') from the ordinary high water mark, or two hundred feet (200') from the
floodway, whichever is greater.
SHORELINE STABILIZATION: Structural and nonstructural methods to address
erosion impacts to property and dwellings, businesses, or structures caused by
natural processes, such as currents, floods, tides, wind, or wave action.
SHORELINES: All of the water areas of the State regulated by the City of Renton,
including reservoirs, and their associated shorelands, together with the lands
underlying them, except:
1. Shorelines of statewide significance.
2. 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.
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3. Shorelines on lakes less than twenty (20) acres in size and wetlands
associated with such small lakes.
SHORELINES OF STATEWIDE SIGNIFICANCE: Those shorelines described in
RCW 90.58.030(2)(e).
SHORELINES OF THE STATE: The total of all “shorelines” and “shorelines of
statewide significance” regulated by the City of Renton.
SHORT PLAT: The map or representation of a short subdivision. See PLAT, SHORT.
SHORT SUBDIVISION: See PLAT, SHORT.
SIDE SEWER: See RMC 4-6-100.
SIDE SEWER STUB: See RMC 4-6-100.
SIDE YARD: See YARD REQUIREMENT.
SIDEWALK: A concrete walkway separated from the roadway by a curb, planting
strip or roadway shoulder.
SIGHT TRIANGLE: See CLEAR VISION AREA.
SIGN: Any medium, including merchandise, its structure and component parts,
that is used or intended to be used to attract attention to the subject matter for
advertising purposes. Signs do not include sculptures, wall paintings, murals,
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collages, and other design features determined to be public art by the City.
SIGN, A-FRAME: See SIGN, PORTABLE.
SIGN, ANIMATED: A sign with action or motion, flashing or color changes requiring
electrical energy, electronic or manufactured source of supply, but not including
revolving signs or wind actuated elements such as flags or banners.
SIGN AREA: A measurement of the total area of a sign visible from any one
viewpoint or direction, excluding the sign support structure, architectural
embellishments, or, framework that contains no written copy, or does not form
part of the sign proper or of the display. Freestanding letters or characters, where
no background is specially provided, shall be measured by determining the
smallest rectangle or polygon that encloses the extreme limits of the shapes to be
used.
SIGN, COMBINATION: Any sign incorporating any combination of the features of
pole, projecting and roof signs.
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SIGN, ELECTRIC: Any sign containing or utilizing electrical wiring, but not including
signs illuminated by an exterior light source.
SIGN, ELECTRONIC MESSAGE BOARD: Signs whose alphabetic, pictographic, or
symbolic informational content can be changed or altered on a fixed display
screen composed of electrically illuminated segments.
SIGN, FREESTANDING: A sign wholly supported by a sign structure in the ground.
SIGN, GROUND: A type of freestanding sign, other than a freestanding pole sign,
in which the sign is in contact with or close to the ground, has a solid base anchor,
and is independent of any other structure.
SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated,
to the top of the sign or sign structure.
SIGN, ON-PREMISES: A sign which displays only advertising copy strictly incidental
to the lawful use of the premises on which it is located, including signs or sign
devices indicating the business transacted at, services rendered, goods sold or
produced on the immediate premises, name of the business, person, firm or
corporation occupying the premises.
SIGN, POLITICAL: Signs advertising a candidate or candidates for public, elective
office or a political party, or signs urging a particular vote or action on a public
issue decided by ballot whether partisan or nonpartisan.
SIGN, PORTABLE: A sign not permanently affixed which is designed for or capable
of movement, except for those signs explicitly designed for people to carry on
their persons or which are permanently affixed to motor vehicles.
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A. Sign, A-Frame: A nonilluminated type of portable sign comprised of hinged
panels configured in the shape of the alphabetic letter “A.” These signs contact
the ground but not are not anchored to the ground and are independent of any
other structure.
SIGN, PRIMARY ENTRY: A type of freestanding sign, other than a pole sign, of ten
feet (10') or less in height, in which the sign is in contact with the ground, has a
solid base anchor, and is independent of any other structure and serves the
function of directing customers to the main entrance of a multi-tenant building or
multi-building complex.
SIGN, PROJECTING: A sign other than a wall sign which projects from and is
supported by a wall or a building or structure, and does not extend above any
adjacent parapet or roof of the supporting building.
SIGN, REAL ESTATE: A sign advertising and/or directing individuals to the sale, rent
or lease of property.
A. Commercial Real Estate Banner Sign: A sign of any shape made of
lightweight fabric or similar material that is mounted to a building by any means,
and indicating that the property is for sale, rent, or lease. National flags, state or
municipal flags, holiday flags, or the official flag of any institution or business shall
not be considered banners.
B. Decorative Real Estate Flag: A portion of lightweight fabric or similar
material, supported by a vertical or horizontal staff, intended to flutter in the
wind, and is used to attract attention to any type of residential development for
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sale, rent, or lease. National flags, state or municipal flags, holiday flags, or the
official flag of any institution or business shall not be considered banners.
C. Freestanding Real Estate Signs: Any type of nonilluminated freestanding
sign, indicating that the property on which it is located, is for sale, rent, or lease.
This sign type includes yardarm or ground signs.
D. Open House Sign: A nonilluminated type of portable sign comprised of
hinged panels configured in the shape of the alphabetic letter “A,” no larger than
thirty two inches wide by thirty six inches high (32" by 36") per each sign face. The
sign text for an open house sign contains the phrase: “open” or “for sale” or “for
rent” or “for lease.”
E. Real Estate Directional Sign: Any nonilluminated type of freestanding sign
that provides direction to property(ies) for sale, rent, or lease. Within the City
Center Sign Regulation Boundaries (as shown in RMC 4-4-100H3), real estate
directional signs may also include portable signs comprised of hinged panels
configured in the shape of the alphabetic letter “A.”
F. Real Estate Sign Kiosk: A City-approved monument style sign in the public
right-of-way or on private property consolidating numerous real estate directional
signs and designed to reduce sign clutter.
G. Real Estate Sign Kiosk Directional Panel: A sign affixed within an approved
real estate sign kiosk indicating direction to various real estate developments.
SIGN, ROOF: A sign erected upon or above a roof or parapet of a building or
structure.
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SIGN STRUCTURE: Any structure which supports or is capable of supporting any
sign as defined in this Title. A sign structure may be a single pole and may not be
an integral part of the building.
SIGN, TEMPORARY: Any sign, banner, or advertising display constructed of cloth,
canvas, light fabric, cardboard, wallboard or other light materials, with or without
frames, or advertising device intended to be displayed only for a limited period of
time including the following types of signs:
A. Advertising Device: Balloons, flags, inflatable statuary and figures, light
strings, pennants/streamers, portable readerboards, searchlights, wind-animated
devices, and similar devices of a carnival nature.
B. Balloon: A spherical, flexible, nonporous bag inflated with air or gas lighter
than air, such as helium, and intended to float in the air.
C. Banner: Any sign of lightweight fabric or similar material that is mounted to
a pole and/or building by any means. National flags, state or municipal flags,
holiday flags, or the official flag of any institution or business shall not be
considered banners. A banner is not defined by shape and may be square,
rectangular, round, triangular/pennant shaped, etc.
1. Banner, Pole Hung: A banner attached at its top and bottom to a pole
or light standard by extensions from the pole.
2. Banner, Pole/Wall Strung: A banner attached at its top and bottom
corners strung between buildings, poles, and/or light standards.
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3. Banner, Wall Hung: A banner attached to a building and where the
banner lies flat against the building surface at all times.
D. Devices of a Carnival Nature: All temporary signs, advertising devices,
lights, and other means of attracting attention, which are commonly associated
with carnival settings, and which are not otherwise specifically identified in the
Renton Municipal Code. Fabric or plastic bunting shall be considered one type of
carnival device.
E. Flag: A piece of cloth or plastic, supported by a vertical or horizontal st aff,
which is intended to flutter in the wind.
F. Inflatable Statuary: An advertising device that is inflated and the likeness of
an animate or inanimate object or cartoon figure is used to attract attention,
advertise, promote, market, or display goods and/or services.
G. Manual Message Board: Any sign that is designed so that characters,
letters, or illustrations can be changed or rearranged by hand without altering the
face or the surface of the sign.
H. Pennant/Streamer: An individual object and/or series of small objects
made of lightweight plastic, fabric, or other material, which may or may not
contain text, which is suspended from and/or twined around a rope, wire, or
string.
I. Readerboards, Portable: A sign which is self-supporting but not
permanently attached to the ground or building and can be moved from one
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location to another and is typically internally illuminated. Portable readerboards
are also known as “trailer signs.”
J. Sign, Rigid Portable: A sign which is not permanently affixed and designed
for or capable of movement. Those signs explicitly designed for people to carry on
their persons or which are permanently affixed to motor vehicles are considered
to be rigid portable signs. A rigid portable sign is not considered to be a portable
readerboard or “trailer sign.”
K. Sign, Window: Any sign, temporary or permanent, designed to
communicate information about an activity, business, commodity, event, sale, or
service, that is placed inside a window. Interior display of merchandise for sale,
including accessory mannequins and other props, shall not be considered window
signs.
L. Wind-Animated Object: Any device, e.g., windsocks, pinwheels, whirligigs,
etc., whose primary movements are caused by the wind or atmospheric
conditions, attached by a tether. A balloon or inflatable statuary, with or without
moveable parts, is not considered a wind-animated object.
SIGN, TRADITIONAL MARQUEE: A sign typically associated with movie theaters,
performing arts theaters, and theatrical playhouses. The sign is attached flat
against and parallel to the surface of a marquee structure. In addition, a
changeable copy area is included where characters, letters, or illustrations can be
changed or rearranged without altering the face or the surface of the sign.
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SIGN, UNDER MARQUEE: A lighted or unlighted display attached to the underside
of a marquee protruding over public or private sidewalks. Under marquee signs
may also be called “under awning” or “under canopy” signs.
SIGN, WALL: Any sign painted, attached or erected against the wall of a building
or structure, with the exposed face of the sign in a plane parallel to the plane of
said wall. In order to be considered a wall sign, a sign may not extend above any
adjacent parapet or the roof of the supporting buildin g.
SIGNIFICANT #2 RATING: A rating assigned to wetlands in King County that are
greater than one acre in size; equal to or less than one acre in size and having a
forested vegetation class; or the presence of heron rookeries or raptor nesting
trees.
SINGLE-WALLED: See RMC 4-5-120G.
SITE: A single lot, or two (2) or more contiguous lots that, under common
ownership or documented legal control, were developed or are part of a
development proposal.
SITE PLAN: A detailed plan drawing, prepared to scale, showing accurate
boundaries of a site and the location of all buildings, structures, uses, and principal
site development features proposed for a specific parcel or parcels of land.
SLOPE: An inclined ground surface the inclination of which is expressed as a ratio
of horizontal distance to vertical distance, which may be regulated or unregulated.
SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two (2) classes
of slope, sensitive or protected.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
28
A. Slope, Protected: A hillside, or portion thereof, with an average slope, as
identified in the City of Renton Steep Slope Atlas or in a method approved by the
City, of forty percent (40%) or greater grade and having a minimum vertical rise of
fifteen feet (15').
B. Slope, Sensitive: A hillside, or portion thereof, characterized by: (1) an
average slope, as identified in the City of Renton Steep Slope Atlas or in a method
approved by the City, of twenty five percent (25%) to less than forty percent
(40%); or (2) an average slope, as identified in the City of Renton Steep Slope Atlas
or in a method approved by the City, of forty percent (40%) or greater with a
vertical rise of less than fifteen feet (15'), abutting an average slope, as identified
in the City of Renton Steep Slope Atlas or in a method approved by the City, of
twenty five percent (25%) to forty percent (40%). This definition excludes
engineered retaining walls.
SMOKING LOUNGE: A club or facility where smoking occurs, including but not
limited to the smoking of any kind of lighted pipe, cigar, cigarette, or any other
lighted smoking equipment.
SMP: City of Renton’s Shoreline Master Program.
SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide
counseling, therapy, job training, educational classes, food banks, clothing ba nks,
or other social or human services to persons needing such services, but do not
provide crisis intervention, day or night shelter, or case management. This does
not include religious institutions, offices, government facilities, schools, hospitals,
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
29
clinics, day care, homeless services uses, medical institutions, diversion facilities,
lodging in any form, or residential uses.
SOIL ENGINEER: A licensed civil engineer experienced and knowledgeable in the
practice of soil engineering.
SOIL ENGINEERING: The application of the principles of soil mechanics in the
investigation, evaluation and design of civil works involving the use of earth or
other materials and the inspection and testing of the construction thereof.
SOIL ENGINEERING REPORT: A report including data regarding the nature,
distribution, and strength of existing soils, conclusions and recommendations for
grading procedures and design criteria for corrective measures when necessary,
and options and recommendations covering adequacy of sites to be developed by
the proposed grading.
SOLAR ACCESS: Sunlight exposure on land without impairment by other
development.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial
purpose of which is to provide for interior lighting or provide for the collection,
storage, and distribution of solar energy for space heating or cooling, electricity
generation, or water heating.
SOLAR ENERGY SYSTEM, GROUND MOUNTED, SMALL-SCALE: A solar energy
system that is structurally mounted to the ground and typically a size that would
service a house, small business, or small municipal building.
SOLID WASTE: Shall be defined pursuant to WAC 173-350-100.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
30
SPECIFIED ANATOMICAL AREAS:
1. Less than completely and opaquely covered human genitals, anus, pubic
region, buttock, or female breast below a point immediately above the top of the
areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation,
or bestiality;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breasts, whether clothed or unclothed, of oneself or of one person by
another; or
4. Excretory functions as part of or in connection with any of the activities set
forth in this definition.
SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS, INDOOR: A large
enclosed facility used for professional, semi-professional spectator sports, arena
concerts, expositions, and other large-scale public gatherings. This definition
includes stadiums, concert halls, auditoriums, exhibition halls, and accessory
eating and drinking establishments. This definition excludes sports arenas or
stadiums associated with schools, cultural facilities, movie theaters, and
entertainment clubs.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
31
SPORTS ARENAS, OUTDOOR: A large outdoor facility used for professional, semi-
professional spectator sports, arena concerts, and other large-scale public
gatherings. This definition includes but is not limited to stadiums, concert arenas,
and accessory eating and drinking establishments. This definition excludes sports
arenas or stadiums associated with schools, cultural facilities, movie theaters, and
entertainment clubs.
STABLES, COMMERCIAL: A land use on which large lot domestic animals are kept
for sale or hire to the public. Breeding, boarding, or training of large lot domestic
animals may also be conducted.
STACKING SPACE: The space specifically designated as a waiting area for vehicles
whose occupants will be patronizing a drive-through business. Such space is
considered to be located directly alongside a drive-in window, facility or entrance
used by patrons and in lanes leading up to the business establishment.
START OF CONSTRUCTION: Includes substantial improvement and means the
date the building permit was issued; provided, the actual start of construction,
repair, reconstruction, placement or other improvement was within one hundred
eighty (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets and/or
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
32
walkways; nor does it include excavation for a basement, footings, piers, or
foundation or the erection of temporary forms; nor does it include the installation
on the property as accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
STORAGE, BULK:
1. The holding or stockpiling on land of material and/or products where such
storage constitutes forty percent (40%) of the developed site area and the storage
area is at least one acre, and where at least three (3) of the following criteria are
met by the storage activity:
a. In a bulk form or in bulk containers;
b. Under protective cover to the essential exclusion of other uses of the
same space due to special fixtures or exposed to the elements;
c. In sufficient numbers, quantities or spatial allocation of the site to
determine and rank such uses as the principal use of the site;
d. The major function is the collection and/or distribution of the material
and/or products rather than processing; and
e. The presence of fixed bulk containers or visible stockpiles for a
substantial period of a year.
2. Bulk storage facilities include, but are not limited to:
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
33
a. Automobile holding and transfer depots;
b. Brick or tile storage and manufacturing;
c. Concrete block and products storage and manufacturing;
d. Contractor equipment yards;
e. Equipment or machinery of the stationary type not in use, not mounted
on necessary foundations or connected as required when during use, not
designated and used as portable, and not stored in a warehouse. This includes
operable motor vehicles or wheeled equipment used only periodically where
storage durations exceed those provided for parking lots as defined in RMC 4-4-
080, Parking, Loading and Driveway Regulations;
f. Foundries;
g. Fuel yards, wholesale;
h. Grain or feed sites, elevators, or the open storage of grain and feed;
i. Log, random cut and chipped wood by-products storage;
j. Lumber mills and wholesalers;
k. Sand and gravel yards including sizing, transfer and loading equipment
when present;
l. Scrap or junk yards and wrecking yards;
m. Solid waste holding and disposal areas;
n. Tank farms including distribution and loading systems.
3. Bulk storage facilities exclude:
a. Land banks, greenbelts, watersheds or public water reservoirs;
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
34
b. Parking lots or structures for private licensed automobiles;
c. Ship yards;
d. Warehouses alone or in conjunction with manufacturing on the site and
when not including any of the uses listed above in subsection (2)(a) through (2)(n)
of this definition;
e. Facilities for storage of petroleum or any of its by-products, for use
incidental to the primary use of the property (e.g., heating, boiler or vehicular fuel
or lubricants);
f. Retail service stations;
g. Retail sales lots for new or used automobiles.
STORAGE, HAZARDOUS MATERIAL, ON-SITE OR OFF-SITE, INCLUDING
TREATMENT: A facility engaged in storage of materials, produced on-site or
brought from another site, that are inflammable, explosive, or that present
hazards to the public health, safety, and welfare including all substances and
materials as defined under hazardous materials, hazardous substances, and
hazardous waste.
STORAGE, INDOOR: A use engaged in the storage of goods and/or materials
characterized by infrequent pick-up and delivery, and located within a building.
The definition excludes bulk storage, hazardous material storage, self-service
storage, warehousing and distribution, and vehicle storage.
STORAGE, OUTDOOR: The outdoor accumulation of material or equipment for
the purpose of sale, rental, use on site, or shipping to other locations. This
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
35
definition excludes bulk storage, hazardous material storage, warehousing and
distribution, vehicle storage, and outdoor retail sales.
STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses for self-
service storage of personal property. This definition excludes indoor storage,
warehousing, outdoor storage, bulk storage, and hazardous material storage.
STORAGE, VEHICLE: An indoor or outdoor area for parking or holding of motor
vehicles and boats or wheeled equipment for more than seventy-two (72) hours.
This definition excludes bulk storage, vehicle sales, vehicle rental, tow truck
operation/auto impoundment yard, auto wrecking yard, outdoor storage, and
indoor storage.
STORM SEWER and STORM DRAIN: A sewer which carries storm surface water,
subsurface water and drainage. See RMC 4-6-100.
STORMWATER FACILITY: A constructed component of a stormwater drainage
system, designed or constructed to perform a particular function, or multiple
functions. Stormwater facilities include, but are not limited to, pipes, swales,
ditches, culverts, street gutters, detention ponds, retention ponds, constructed
wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration
swales. They may also include low impact development BMPs/facilities. Also
referred to as “Drainage Facility.”
STORY: That portion of a building included between the upper surface of any floor
and the upper surface of the floor above, except that the topmost story shall be
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
36
that portion of a building included between the upper surface of the topmost floor
and the ceiling or roof above, unless such area meets the definition of an attic. If
the finished floor level directly above a usable or unused under-floor space is more
than six feet (6') above grade for more than fifty percent (50%) of the total
perimeter or is more than twelve feet (12') above grade at any point, such usable
or unused under-floor space shall be considered as a story.
STORY, FIRST: The lowest story in a building that qualifies as a story, as defined
herein, except that a floor level in a building having only one floor level shall be
classified as a first story, provided such floor level is not more than four feet (4')
below grade for more than fifty percent (50%) of the total perimeter, or not more
than eight feet (8') below grade at any point.
STREAM ALTERATION: The relocation or change in the flow of surface water
runoff flowing in a natural or modified channel.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
37
STREAM/LAKE CLASS: The stream and lake waters in the City are defined by class
as indicated in RMC 4-3-050.
STREET AMENITIES: See STREET FURNITURE.
STREET, ARTERIAL: Street intended for higher traffic volume and speed and
classified as a principal or minor arterial on the City of Renton Arterial Street Plan.
STREET, COLLECTOR:
1. A street providing access with higher traffic volumes than a typical
residential, commercial, or industrial access street. Collector streets are
designated by the Public Works Department.
2. A street classified as a collector street on the City of Renton Arterial Street
Plan.
STREET, COMMERCIAL ACCESS: A non-arterial street providing access to
commercial land uses.
STREET FRONTAGE: The portion of a lot or structure abutting a public or private
right-of-way. Structures adjacent yet not adjoining a right-of-way shall be
considered abutting if located within twenty feet (20').
STREET FURNITURE: Objects, such as outdoor seating, kiosks, bus shelters, tree
grates, trash receptacles, and fountains that have the potential for enlivening and
giving variety to streets, sidewalks, plazas, and other outdoor spaces open to, and
used by, the public.
STREET GRID PATTERN, MODIFIED: A street system based upon a traditional grid
pattern; however, offset intersections, loop roads, as well as angled or curved
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
38
road segments may also be utilized on a limited basis. The block pattern is
characterized by regular (i.e., rectangular or trapezoidal) blocks.
STREET GRID PATTERN, TRADITIONAL: A system of platting, or of street design,
that features parallel and perpendicular streets and intersections of streets at
right angles that form short blocks.
STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial
land uses.
STREET, PEDESTRIAN-ORIENTED: An area with streets and sidewalks specifically
designated as such and intended for use by people walking; with special design
and spatial treatment of building frontages; built at human scale; with uses of
interest to and functional for people on foot; and designed to h old interest for
pedestrians by encouraging walking, browsing, and taking in the scene, as
designated via Master Plans or similar documents approved by the City.
STREET, RESIDENTIAL ACCESS: A non-arterial street providing access to residential
land uses, and not designated as a collector street by the Public Works
Department.
STRUCTURE: That which is built or constructed, an edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in
some definite manner.
STRUCTURE: (This definition is for flood hazard regulations in RMC 4-3-050 use
only.) A walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
39
STRUCTURE: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A permanent or temporary edifice or building, or any piece
of work artificially built or composed of parts joined together in some definite
manner, whether installed on, above, or below the surface of the ground or water,
except for vessels.
SUBDIVISION: The division or redivision of land into lots, tracts, parcels, sites or
divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT
and PLAT, SHORT.
SUBDIVISION: (This definition for RMC 4-3-090, Shoreline Master Program
Regulations, use only.) A parcel of land divided into two (2) or more parcels.
SUBDIVISION, PHASED: A subdivision which is, or is intended to be, recorded in
increments over a period of time.
SUBDIVISION, UNIT LOT: A division of land (parent site), for the purpose of sale,
lease, or transfer of ownership, underlying existing or proposed attached
townhouse dwelling units that creates a unit lot for each dwelling, for which one
or more boundaries of the individual unit lots coincide with the walls of the
townhouse structure which separate individual attached townhouse dwelling
units.
SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or
approval action.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
40
exceed fifty percent (50%) of the market value of the structure before the damage
occurred.
SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair
market value exceeds five thousand dollars ($5,000.00) or any development which
materially interferes with the normal public use of the water or shoreline of the
State. Exemptions in RCW 90.58.030(3)(e) and in RMC 4-9-190C are not
considered substantial developments.
SUBSTANTIAL DEVELOPMENT PERMIT: The shoreline management substantial
development permit provided for in Section 14 of the Shoreline Management Act
of 1971 (RCW 90.58.140).
SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as
residential and/or commercial structures and their accessory structures, that have
a reasonable remaining economic life as indicated by their assessed valuation.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or
other improvement of a structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure before the “start of
construction” of the improvement. This term includes structures which have
incurred “substantial damage,” regardless of the actual repair work performed.
The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified
existing violations of state or local health, sanitary, or safety code specifications
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
41
that have been identified by the local code enforcement official and that are the
minimum necessary to assure safe living conditions; or
2. Any alteration of a “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as a “historic structure.”
SUBTENANT: A person in possession of rental unit through the tenant with the
knowledge and consent, express or implied, of the owner.
SURFACE WATER DESIGN MANUAL: A manual, as it exists or may be amended,
adopted by reference by the City of Renton, which provides stormwater permit
implementation and management guidance consistent with the current version of
the King County Surface Water Design Manual.
SURVEY STANDARDS: City of Renton Survey Standards as adopted by the
Planning/Building/ Public Works Department.
SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update an y chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
42
SECTION VII. This ordinance shall be in full force and effect December 20, 2022. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall
be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-CED:D-221:11/8/22
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
43
ATTACHMENT A
RMC 4-2-060J (Column Titles from 4-2-060 are included here for ease of reference only)
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2
J. ENTERTAINMENT AND RECREATION
Entertainment
Adult entertainment
business (RMC 4-3-010)
P P P P P P12
Card room P52 P52 P52 P52
Cultural facilities H H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD
Dance clubs P29 P29 P29 AD P20 AD P29 AD
Dance halls
P29 P29 P29
AD P20 AD P29 AD
Gaming/gambling
facilities, not-for-profit
H29 H29 H29
H20
H29
AGENDA ITEM # 7. l)
ORDINANCE NO. ________
44
Movie theaters
P29 P29 P29
AD P20 P P12
P82 P82
Smoking lounge
Sports arenas,
auditoriums, exhibition
halls, indoor
P29 P29 P29
P20 P
H18 H18
Sports arenas,
auditoriums, exhibition
halls, outdoor
P29 P29 P29 AD20 H18 H18
Recreation
Golf courses (existing) P P P P P P P
Golf courses, new H P H H H H H
Marinas P P21 H H
Recreational facilities,
indoor, existing
H P33 P29 P29 P29 P P P P54 P21 P82 P82 AGENDA ITEM # 7. l)
ORDINANCE NO. ________
45
Recreational facilities,
indoor, new
H P29 P4 P P P91 P12 P21 P82 P82
Recreational facilities,
outdoor
P29 P29 P29 H20 H29 H83 H83
AGENDA ITEM # 7. l)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
8-1-10 OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE 2023 AND 2024
SOLID WASTE COLLECTION SERVICE RATES FOR ALL CUSTOMER CLASSES,
AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Section 8-1-10 of the Renton Municipal Code is amended as follows:
8-1-10 RATES FOR SERVICES:
The following schedule is hereby adopted as the monthly charges to be paid to the
City for services rendered in each category:
A. Residential Customers:
1. For garbage cans, carts, and/or garbage units:
Single-family Every Other Week Garbage &
Recycling, Weekly Yard Waste & Food Scraps Cart
Service Level
20213 Renton
SWU Monthly
Rates
January 1 –
March 31,
2022
Renton
SWU
Monthly
Rates
Starting April
1, 20224
Renton SWU
Monthly
Rates
20 Gallon Contractor Cart $14.3116.07 $14.60 $15.0317.32
35 Gallon Contractor Cart $23.5326.43 $24.00 $24.7128.48
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
2
Single-family Every Other Week Garbage &
Recycling, Weekly Yard Waste & Food Scraps Cart
Service Level
20213 Renton
SWU Monthly
Rates
January 1 –
March 31,
2022
Renton
SWU
Monthly
Rates
Starting April
1, 20224
Renton SWU
Monthly
Rates
45 Gallon Contractor Cart $29.6633.32 $30.26 $31.1435.90
64 Gallon Contractor Cart $41.2846.37 $42.11 $43.3449.96
96 Gallon Contractor Cart $60.9568.46 $62.17 $64.0073.77
Each Additional 35 Gallon Cart $23.5326.43 $24.00 $24.7128.48
Senior 20 Gallon Cart Rate (75% subsidy)/for
Existing customers with a 20 Gallon Cart prior to
May 31, 2008
$3.584.02 $3.65 $3.764.33
Senior 20 Gallon Cart Rate (50% subsidy) $7.158.03 $7.29 $7.518.65
Senior 35 Gallon Cart Rate (50% subsidy) $11.7713.22 $12.01 $12.3614.25
Senior 45 Gallon Cart Rate (50% subsidy) $14.8216.65 $15.12 $15.5617.94
Senior 64 Gallon Cart Rate (50% subsidy) $20.6623.21 $21.07 $21.6925.00
Senior 96 Gallon Cart Rate (50% subsidy) $30.6834.46 $31.30 $32.2137.13
Extra Garbage, up to 15 gallons per unit/per pickup $4.384.92 $4.46 $4.605.30
Extra 96 Gallon Yard Waste Cart Rental $2.432.73 $2.48 $2.552.94
Residential Return Trip Charge per pickup $6.307.08 $6.43 $6.627.63
Cart Cleaning (per cart, per cleaning) $12.1413.64 $12.38 $12.7514.69
Drive-in Charge (per month) $6.647.46 $6.78 $6.978.04
Overweight/Oversize Container (per pickup) $3.513.94 $3.58 $3.694.25
Re-delivery (one or more containers) $12.1413.64 $12.38 $12.7514.69
Sunken Can Surcharge $8.349.37 $8.50 $8.7610.09
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
3
2. Residential customers are allowed to change their garbage service
level once per year without incurring an administrative fee. Each garbage service
level change per year above the once per year allowance will result in an
administrative fee of thirty-five dollars ($35.00). The one (1) year period shall
begin January 1 and shall end December 31 each year.
3. Senior and/or disabled customers who qualified under
Subsection 8-4-31.C of this Title for low-income rates for seventy-five percent
(75%) subsidy prior to May 31, 2008, are eligible for a three dollars and fifty-eight
cents ($3.58)four dollars and two cents ($4.02) fee for 20213 and three dollars and
sixty-five cents ($3.65)a four dollars and thirty-three cents ($4.33) fee for January
1 – March 31, 20224, and three dollars and seventy-six cents ($3.76) starting April
1, 2022, for 20 Gallon Cart service. For services other than 20 Gallon Cart service,
the rate schedule at the fifty percent (50%) subsidy as provided in Subsection 8-1-
10.A.1 will apply. All senior and/or disabled customers qualifying under
Subsection 8-4-31.C for low-income rates after May 31, 2008, are eligible for a fifty
percent (50%) subsidy of the charges for the service level selected.
4. Premium Weekly Collection: Single-family residential customers
may elect to have their garbage collected weekly for an additional fee of twenty-
four six dollars and two ninety-eight cents ($24.0226.98) per month for 20213 and
twenty-four dollars and fifty cents ($24.50) per month for January 1 – March 31,
2022, and twenty-five dollars and twenty-two cents ($25.22) twenty-nine dollars
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
4
and seven cents ($29.07) for starting April 1, 20224. This fee will be added to the
monthly garbage billing as an extra Premium Service Fee.
5. Miscellaneous Services: The City of Renton offers miscellaneous
services at the following rates:
Services Cost per Pick Up
On-Call Bulky Waste Collection 20213 Rates
January 1 –
March 31,
2022 Rates
Starting April 1,
20224 Rates
White Goods, except Refrigerators/Freezers
per unit
$76.9186.39 $78.45 $80.7693.08
Refrigerators/Freezers per unit $82.3092.44 $83.94 $86.4299.60
Sofas/Chairs per unit $71.5280.34 $72.95 $75.1086.56
Mattresses per unit $68.8277.30 $70.20 $72.2683.29
B. Commercial Customers:
1. Multi-family Carts: Customers have the following cart-based
services available:
Multi-family (“MF”) Cart Service
Level
20213 SWU
Monthly
Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April
1, 20224
Renton SWU
Monthly
Rates
Weekly Can and
Cart
MF One 20 Gallon Cart $24.0526.48 $24.05 $25.0128.28
MF One 35 Gallon Garbage Cart $31.2734.43 $31.27 $32.5236.77
MF One 45 Gallon Garbage Cart $38.8042.72 $38.80 $40.3545.63
MF One 64 Gallon Contractor Cart $46.2950.97 $46.29 $48.1454.44
MF One 96 Gallon Contractor Cart $61.3267.52 $61.32 $63.7772.11
Extra MF Can or Units -32 Gallon
Equivalent
$6.527.18 $6.52 $6.787.67
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
5
Multi-family (“MF”) Cart Service
Level
20213 SWU
Monthly
Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April
1, 20224
Renton SWU
Monthly
Rates
MF Weekly 64 Gallon Yard Waste
(incl. Cart)
$45.2249.79 $45.22 $47.0353.18
2. Commercial Carts: Customers have the following contractor cart-
based services available:
Commercial Cart Service
Level
20213 SWU
Monthly
Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April
1, 20224
Renton SWU
Monthly
Rates
Weekly Commercial
Can and Cart
One 20 Gallon Cart $37.9741.81 $37.97 $39.4944.65
One 35 Gallon Garbage Cart $42.2346.50 $42.23 $43.9249.66
One 45 Gallon Garbage Cart $48.1453.00 $48.14 $50.0756.61
One 64 Gallon Garbage Cart $54.2659.74 $54.26 $56.4363.81
One 96 Gallon Garbage Cart $66.6673.40 $66.66 $69.3378.39
Extra Units – 32 Gallon
Equivalent
$6.787.47 $6.78 $7.057.97
Weekly 64 Gallon Yard
Waste Cart
$45.2249.79 $45.22 $47.0353.18
Weekly Commercial
Can and Cart
Customer Event Service
(3 Carts: Garbage, Recycle,
Yard Waste/Day)
$37.6741.48 $37.67 $39.1844.30
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
6
3. Commercial Detachable Containers One (1) to Eight (8) Yards: The
rate for the handling of detachable containers approved by the City’s contractor
and the City for use by commercial, industrial and multi-family residence
establishments shall be as follows:
a. Monthly Rates:
Commercial Service Level
20213 SWU
Monthly Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April 1,
20224 Renton
SWU Monthly
Rates
Commercial
Detachable Container
(Loose)
1 Cubic Yard, 1
pickup/week
$113.98125.50 $113.98 $118.54134.04
1 Cubic Yard, 2
pickups/week
$214.04235.67 $214.04 $222.60251.70
1 Cubic Yard, 3
pickups/week
$314.15345.89 $314.15 $326.72369.43
1 Cubic Yard, 4
pickups/week
$414.21456.06 $414.21 $430.78487.10
1 Cubic Yard, 5
pickups/week
$514.29566.26 $514.29 $534.86604.79
1.5 Cubic Yards, 1
pickup/week
$156.24172.03 $156.24 $162.49183.73
1.5 Cubic Yards, 2
pickups/week
$298.59328.76 $298.59 $310.53351.13
1.5 Cubic Yards, 3
pickups/week
$440.93485.48 $440.93 $458.57518.52
1.5 Cubic Yards, 4
pickups/week
$583.28642.22 $583.28 $606.61685.92
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
7
Commercial Service Level
20213 SWU
Monthly Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April 1,
20224 Renton
SWU Monthly
Rates
1.5 Cubic Yards, 5
pickups/week
$725.61798.93 $725.61 $754.63853.29
2 Cubic Yards, 1
pickup/week
$196.97216.87 $196.97 $204.85231.63
2 Cubic Yards, 2
pickups/week
$380.04418.44 $380.04 $395.24446.91
2 Cubic Yards, 3
pickups/week
$563.11620.01 $563.11 $585.63662.20
2 Cubic Yards, 4
pickups/week
$746.18821.58 $746.18 $776.03877.48
2 Cubic Yards, 5
pickups/week
$929.261,023.16 $929.26 $966.431,092.78
3 Cubic Yards, 1
pickup/week
$280.25308.57 $280.25 $291.46329.56
3 Cubic Yards, 2
pickups/week
$546.63601.86 $546.63 $568.50642.82
3 Cubic Yards, 3
pickups/week
$812.99895.14 $812.99 $845.51956.05
3 Cubic Yards, 4
pickups/week
$1,079.361,188.42 $1,079.36 $1,122.531,269.29
3 Cubic Yards, 5
pickups/week
$1,345.741,481.72 $1,345.74 $1,399.571,582.55
4 Cubic Yards, 1
pickup/week
$363.40400.12 $363.40 $377.94427.35
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
8
Commercial Service Level
20213 SWU
Monthly Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April 1,
20224 Renton
SWU Monthly
Rates
4 Cubic Yards, 2
pickups/week
$712.93784.97 $712.93 $741.45838.38
4 Cubic Yards, 3
pickups/week
$1,062.441,169.79 $1,062.44 $1,104.941,249.39
4 Cubic Yards, 4
pickups/week
$1,411.841,554.50 $1,411.84 $1,468.311,660.28
Commercial
Detachable Container
(Loose)
4 Cubic Yards, 5
pickups/week
$1,761.481,939.47 $1,761.48 $1,831.942,071.44
6 Cubic Yards, 1
pickup/week
$527.26580.54 $527.26 $548.35620.04
6 Cubic Yards, 2
pickups/week
$1,040.631,145.78 $1,040.63 $1,082.261,223.75
6 Cubic Yards, 3
pickups/week
$1,554.001,711.02 $1,554.00 $1,616.161,827.45
6 Cubic Yards, 4
pickups/week
$2,067.372,276.26 $2,067.37 $2,150.062,431.16
6 Cubic Yards, 5
pickups/week
$2,580.752,841.52 $2,580.75 $2,683.983,034.88
8 Cubic Yards, 1
pickup/week
$690.15759.88 $690.15 $717.76811.59
8 Cubic Yards, 2
pickups/week
$1,366.401,504.47 $1,366.40 $1,421.061,606.84
8 Cubic Yards, 3
pickups/week
$2,042.632,249.02 $2,042.63 $2,124.342,402.07
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
9
Commercial Service Level
20213 SWU
Monthly Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April 1,
20224 Renton
SWU Monthly
Rates
8 Cubic Yards, 4
pickups/week
$2,718.89,2,993.62 $2,718.89 $2,827.653,197.32
8 Cubic Yards, 5
pickups/week
$3,395.143,738.20 $3,395.14 $3,530.953,992.57
Extra Cubic Yard Loose in
container, per cubic
yard/per pickup
$23.0925.42 $23.09 $24.0127.15
Extra Cubic Yard Loose on
ground, per cubic
yard/per pickup
$39.12 $35.53 $36.9541.78
Commercial
Detachable Container
(Compacted)
1 Cubic Yard Compactor $271.83299.30 $271.83 $282.70319.66
1.5 Cubic Yards
Compactor
$392.82432.51 $392.82 $408.53461.94
2 Cubic Yards Compactor $504.84555.85 $504.84 $525.03593.68
3 Cubic Yards Compactor $743.51818.64 $743.51 $773.25874.34
4 Cubic Yards Compactor $982.501,081.77 $982.50 $1,021.801,155.39
6 Cubic Yards Compactor $1,459.751,607.25 $1,459.75 $1,518.141,716.62
b. Rental Rates: Rental rates for one (1) to eight (8) yard
containers will be paid in the monthly rates.
c. Minimum Pickups: Minimum pickups for containers and
compactors between one (1) and eight (8) yards will be once per week.
4. Extra Charges:
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
10
a. The following extra charges will apply for commercial services,
including Multi-family and Commercial Cart, Detachable and Roll Off Container
services:
Commercial Cart & Detachable Extra Service
Fees 20213
January 1 –
March 31, 2022
Starting April 1,
20224 Renton SWU
Monthly Rates
1 Yard Extra Pickup $29.1332.07 $29.13 $30.3034.26
1.5 Yard Extra Pickup $39.9343.96 $39.93 $41.5346.96
2 Yard Extra Pickup $50.3555.44 $50.35 $52.3659.21
3 Yard Extra Pickup $71.6378.87 $71.63 $74.5084.23
4 Yard Extra Pickup $92.87102.25 $92.87 $96.58109.21
6 Yard Extra Pickup $134.76148.38 $134.76 $140.15158.47
8 Yard Extra Pickup $176.39194.21 $176.39 $183.45207.43
1 Yard Compactor Extra Pickup $69.4876.50 $69.48 $72.2681.71
1.5 Yard Compactor Extra Pickup $100.40110.55 $100.40 $104.42118.07
2 Yard Compactor Extra Pickup $129.03142.07 $129.03 $134.19151.73
3 Yard Compactor Extra Pickup $190.02209.22 $190.02 $197.62223.46
4 Yard Compactor Extra Pickup $251.10276.47 $251.10 $261.14295.29
6 Yard Compactor Extra Pickup $373.08410.78 $373.08 $388.00438.73
Commercial cart carry out charge if over 50
feet, per 25 ft/cart, container/pickup
$7.017.72 $7.01 $7.298.24
Return trip for carts/containers not available
for collection at regularly scheduled pickup
time
$31.1734.32 $31.17 $32.4236.65
Redelivery of Cart $10.4411.49 10.44 $10.8612.28
Redelivery of Container $20.8722.98 $20.87 $21.7024.54
Cleaning (per cart, per yard container capacity) $10.4411.49 $10.44 $10.8612.28
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
11
Commercial Cart & Detachable Extra Service
Fees 20213
January 1 –
March 31, 2022
Starting April 1,
20224 Renton SWU
Monthly Rates
Stand-by Time for containers (per minute) $6.206.83 $6.20 $6.457.29
Roll Off Extra Service Fees 20213 January 1 –
March 31, 2022
Starting April 1,
20224 Renton
SWU Monthly
Rates
Return Trip for Drop Box $33.3336.73 $34.00 $35.0038.56
Container Cleaning Drop Box (per yard
capacity)
$12.0313.26 $12.27 $12.6313.92
Drop Box to Other Facility (per one-way mile) $3.393.74 $3.46 $3.563.92
Solid Lid on Drop Box (monthly rental) $84.8393.47 $86.53 $89.0798.15
Drop Box Turn Around Charge $24.2528.84 $32.74 $25.4630.28
Stand-by Time for Drop Box (per minute) $1.711.88 $1.74 $1.801.98
Hourly Rates
Rear/Side-Load Packer + Driver $117.21129.15 $119.55 $123.07135.61
Front Load Packer + Driver $117.21129.15 $119.55 $123.07135.61
Drop Box Truck + Driver $101.90112.28 $103.94 $107.00117.90
Additional Labor (per person) $44.5649.10 $45.46 $46.7951.56
b. Any extra yardage charges determined by the collection
contractor due to overflowing containers will be charged per yard at the one (1)
yard rate listed under subsection 8-1-10.B.3.a.
5. Special Services:
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
12
a. Special Event Services: Bundled Garbage, Recycling, and Yard
Waste Cart-based service is available upon request to customers sponsoring
Special Events within the City. The daily fee for Special Event Services is thirty-
seven dollars and sixty-seven cents ($37.67)forty-one dollars and forty-eight cents
($41.48) in 20213 and thirty-seven dollars and sixty-seven cents ($37.67)forty-four
dollars and thirty cents ($44.30) for January 1 – March 31, 20224, and thirty-nine
dollars and eighteen cents ($39.18) starting April 1, 2022, per one (1) set of
bundled carts.
b. Special Services Unspecified: Whenever special services not
contained within this schedule are required, the rate charged for those special
services shall be negotiated between the City and the collection contractor.
C. Commercial Roll Off Customers: Commercial Roll Off customers are
those who have a ten (10) to forty (40) yard container or compactor. These large
disposal containers are lifted, hauled, and weighed at the disposal facility.
Commercial container customers pay solid waste fees based upon the number of
pickups, corresponding weight-based fees and a container rental fee. Compactor
customers pay solid waste fees based upon the number of pickups and
corresponding weight-based disposal fees.
1. Base Pickup Fees: The base pickup fees are as follows on a per
occurrence basis:
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
13
Commercial Roll Off Rates are Per Pickup 20213
January 1 –
March 31,
2022
Starting April 1,
20224 Renton
SWU Monthly
Rates
10 Yards Container $247.83273.08 $252.79 $260.22286.74
15 Yards Container $266.03293.14 $271.35 $279.33307.79
20 Yards Container $273.31301.16 $278.78 $286.98316.22
25 Yards Container $284.80313.82 $290.51 $299.04329.51
30 Yards Container $296.31326.51 $302.25 $311.13342.83
40 Yards Container $317.04349.35 $323.39 $332.89366.81
10-15 Yards Compactor $279.84308.36 $285.44 $293.83323.77
20 Yards Compactor $304.75335.80 $310.85 $319.99352.59
25 Yards Compactor $316.15348.37 $322.48 $331.96365.78
30 Yards Compactor $327.55360.93 $334.12 $343.93378.98
40 Yards Compactor $347.92383.38 $354.89 $365.32402.54
The minimum pickups are twice per month.
2. Rental Rates: The following are rental rates for permanent roll off
containers:
Monthly Rental Rates 20213
January 1 –
March 31,
2022
Starting April 1,
20224 Renton
SWU Monthly
Rates
10 Yards Container $50.8556.03 $51.87 $53.3958.83
15 Yards Container $72.5979.99 $74.04 $76.2283.99
20 Yards Container $94.28103.89 $96.17 $98.99109.08
25 Yards Container $105.15115.87 $107.26 $110.41121.66
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
14
Monthly Rental Rates 20213
January 1 –
March 31,
2022
Starting April 1,
20224 Renton
SWU Monthly
Rates
30 Yards Container $116.02127.84 $118.35 $121.82134.24
40 Yards Container $142.98157.55 $145.84 $150.13165.43
3. Disposal Fees: In addition to the base collection charge per pickup
and the monthly rental fee, the customer must pay weight-based disposal fees
plus applicable tax.
D. (Rep. by Ord. 4898, 3-19-2001)
E. Temporary Services: Temporary Services are Commercial Container
and Roll Off services not to exceed ninety (90) days of service. Customers will be
billed for container delivery, container rental, and container pickup based upon
the number of pickups. For ten (10) to forty (40) yard containers, customers will
be billed separate disposal charges based upon weight-based fees plus all
applicable taxes. Customers will be required to provide an advanced payment in
the amount of four hundred dollars ($400.00) for two (2) yard to eight (8) yard
detachable containers and eight hundred dollars ($800.00) for ten (10) to forty
(40) yard Roll Off containers. The advanced payment will be held and applied to
the final billing for services provided.
1. Temporary Container Base Pickup Fees:
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
15
Commercial Temporary Service Per Pickup 20213 January 1 –
March 31,
2022
Starting April
January 1,
20224
2 Yard Temporary $64.4270.93 $64.42 $67.0075.76
4 Yard Temporary $115.95127.67 $115.95 $120.59136.35
6 Yard Temporary $165.16181.85 $165.16 $171.77194.22
8 Yard Temporary $192.09211.50 $192.09 $199.77225.89
10 – 40 Yard Temporary $219.38241.73 $223.77 $230.35253.82
2. Temporary Container Rental Fees:
Commercial Temporary Daily Rental 20213 January 1 –
March 31,
2022
Starting April
1, 20224
2 Yard Temporary $6.447.09 $6.44 $6.707.57
4 Yard Temporary $6.447.09 $6.44 $6.707.57
6 Yard Temporary $6.447.09 $6.44 $6.707.57
8 Yard Temporary $6.447.09 $6.44 $6.707.57
10 – 40 Yard Temporary $9.7810.78 $9.98 $10.2711.32
Commercial Temporary Monthly Rental 20213 January 1 –
March 31,
2022
Starting April 1,
20224
2 Yard Temporary $195.88215.65 $195.88 $203.79230.25
4 Yard Temporary $195.88215.65 $195.88 $203.79230.25
6 Yard Temporary $195.88215.65 $195.88 $203.79230.25
8 Yard Temporary $195.88215.65 $195.88 $203.79230.25
10 – 40 Yard Temporary $297.48327.89 $303.56 $312.38344.32
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
16
3. Temporary Container Delivery Fee: A fee in the amount of sixty-
nine dollars and ninety-eight cents ($69.98)seventy-seven dollars and eleven
cents ($77.11) in 20213 and seventy-one dollars and thirty-nine cents ($71.39) for
January 1 – March 31, 2022, and seventy-three dollars and forty-eight cents
($73.48) seventy- starting for April 1, eighty dollars and ninety-seven cents
($80.97) in 20224, will be charged for each temporary container delivered to the
customer.
F. Classification and Appeal: Service category classifications shall be on
the basis of the type and volume of solid waste and the purpose and type of the
dwelling or facility being served as determined by the Public Works Administrator
of the City, or the Administrator’s duly authorized representative. Any person who
shall deem their classification improper may appeal to the Solid Waste
Coordinator Program Manager within forty-five (45) days following their
classification or change of classification. After the decision of the Solid Waste
Coordinator Program Manager, if the party appealing is still aggrieved, then the
party may appeal to the Public Works Administrator, whose decision shall be final.
SECTION III. These rates become effective with billings computed on or after
February 1, 2023 for the 2023 rates and January 1, 2024 for the 2024 rates.
SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
AGENDA ITEM # 7. m)
ORDINANCE NO. ________
17
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION V. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect January 1, 2023. No later
than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall
be published in the City's official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
__________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-PW: 2253:10/31/22
AGENDA ITEM # 7. m)