HomeMy WebLinkAboutORD 5749 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5749
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-160 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, SECTIONS 4-2-
080 AND 4-2-110 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS,
SECTION 4-3-050 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND
OVERLAY DISTRICTS, SECTIONS 4-4-070 AND 4-4-100 OF CHAPTER 4, CITY-WIDE
PROPERTY DEVELOPMENT STANDARDS, SECTIONS 4-5-040 AND 4-5-060 OF
CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, SECTION 4-6-030
OF CHAPTER 6, STREET AND UTILITY STANDARDS, SECTION 4-8-120 OF
CHAPTER 8, PERMITS — GENERAL AND APPEALS, SECTIONS 4-9-060, 4-9-150, 4-
9-200, AND 4-9-250 OF CHAPTER 9, PERMITS — SPECIFIC, AND SECTIONS 4-11-
030, 4-11-040, 4-11-120, AND 4-11-150 OF CHAPTER 11, DEFINITIONS, OF TITLE
IV (DEVELOPMENT REGULATIONS), AND SECTION 8-7-8 OF CHAPTER 7, NOISE
LEVEL REGULATIONS, OF TITLE VIII (HEALTH AND SANITATION), OF THE
RENTON MUNICIPAL CODE, BY AMENDING CERTAIN REGULATIONS, AND
AMENDING SPECIFIC DEFINITIONS PURSUANT TO THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT'S ADMINISTRATIVE CODE
INTERPRETATIONS.
WHEREAS, pursuant to Renton Municipal Code Section 4-1-080, Interpretation, the
Community and Economic Development Administrator is authorized to make interpretations
regarding the implementation of unclear or contradictory regulations contained in this Title;
and
WHEREAS, the City recognizes that the regulations identified in Title IV contain unclear
and/or contradictory language; and
WHEREAS,this matter was referred to the Planning Commission for investigation, study,
and the matter having been considered by the Planning Commission, and the text amendment
requests being in conformity with the City's Comprehensive Plan, as amended; and
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ORDINANCE NO. 5749
WHEREAS, the Planning Commission held a public hearing on November 5, 2014, and
considered all relevant matters, and all parties were heard appearing in support or in
opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-1-160.E.3, of Chapter 1, Administration and Enforcement, of
Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
3. For all new dwelling units, the total amount of the school impact fees
shall be assessed and collected from the applicant at the time of building permit
issuance, using the fee schedule in effect at the time a complete application
for the building permit is submitted. No permit shall be issued until the required
school impact fees set forth in the fee schedule have been paid.
SECTION II. Subsection 4-2-080.A.18, of Chapter 2, Zoning Districts — Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
the gFeURd {'^^". Commercial space must be FeseFved provided on the ground
floor at a minimum of thirty feet (30') in depth along any street frontage.
Averaging the minimum depth may be permitted through the Site Plan Review
process, provided no portion of the minimum depth is reduced to less than
twenty feet (201. Residential uses shall not be located on the ground floor along
any public street frontage. exeept feF re-s:Qential—eFAFY featwFes unless-
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ORDINANCE N0. 5749
thFOUgh the site plaR Feview PFOeess that a paFtieulaF building h;1'; RA
Residential uses are not permitted in the Employment Area Valley (EAV)
land use designation.
SECTION 111. Subsections 4-2-110.D.10 and 4-2-110.D.11, of Chapter 2, Zoning Districts
- Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, are
amended as follows:
10. S^^^" '^+ ^'--steFS of up +G Cluster Development, with a maximum of
fifty (50) lots shall be allowed within the R-4 zone; when at least thirty percent
(30%) of the site is permanently set aside as st "open space.-" as
defined in RMC 4-11-150. Such open space shall be situated to act as a visual
buffer between small lot clusters and other development in the zone. The
percentage of required open space Feed may be reduced to twenty percent
(20%) of the site when:
a. Public access is provided to open space; and
b. If Ssoft surface trails are provided within wetiand critical areas or
critical area buffers pursuant to RMC 4-3-050; and
C. StOFFA wateF pends aFe designed tn- eliminate engiseeFed 514N3-es
All
portions of a site that are not dedicated to platted single family lots, eF-a
dedicated right-of-way, or utility improvements shall be set in a separate tract
and/or tracts to preserve existing viable stands of trees or other native
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ORDINANCE N0. 5749
vegetation. The tract may also be used as a receiving area for tree replacement
requirements in accordance with RMC 4-4-130.H. Such tracts shall be shown and
recorded on the face of the plat to be preserved in perpetuity. Such tracts may
be included in contiguous open space for the purposes of qualifying for srRail-het
clustered development. Where trees are removed, they shall be replaced in
accordance with RMC 4-4-130.H.
All portions of a site that are not dedicated to platted single family
lots or a dedicated right-of-way shall be set in a separate tract and/or tracts to
preserve existing viable stands of trees or other native vegetation. The tract may
also be used as a receiving area for tree replacement requirements in
accordance with RMC 4-4-130.H.
Such tracts shall be shown and recorded on the face of the plat to
be preserved in perpetuity.
Such tracts may be included in contiguous open space for the
purposes of qualifying for small-let clustered development.
Where trees are removed, they shall be replaced in accordance
with RMC 4-4-130.H.
11. Deleted. AppFe•„l fGF lot size,, width, and depth Feduet+ens Fray be
affe eminet be The red-ur--tien be the Minifflun; Reed-ed- to allow
f vaT/41 dwelling ani•tsrp cryrc�d c �d }�- shall � limited +Athe f vr11r
6N I nS
FRiR;FnUFR .d:
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ORDINANCE N0. 5749
Let size-seven theusand twe hUAdFed (7,200) sq. ft.
LetvVidth -Sixty feet (60
Let depth --seventy feet (70').
SECTION IV. Subsection 4-3-050.J.5.c, Exceptions through Variance, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
c. Exceptions through Variance: Exceptions to the prohibition may be
granted fereenstri-1Et+e+,FeeeRAFHetieR, additiens,;n-asseciated ae6esSeFy
StFu..+ Fes of ' single family 6,.,me o an existing leges"^+ pursuant to a variance
as stated in RMC 4-9-250.13.1 and 4-9-250.B.6.
SECTION V. Subsection 4-3-050.J.7.a, Prohibited Development, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
a. Prohibited Development: Development shall not be permitted on
land designated with very high landslide hazards, except by variance,
ad i ist ed-pursuant to RMC 4-9-250.6.1_, {^F ^ ^S+r,,,.+;^^ ^f ^ single f^...,;'.,
hAMP AR AR existing legal let.
SECTION VI. Subsection 4-4-070.B.1.b, of Chapter, 4, City-Wide Property Development
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
b. All new buildings and new storm drainage facilities; or
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SECTION VII. Subsection 4-4-070.F, Areas Required to be Landscaped, of Chapter 4,
City-Wide Property Development Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended to add a new subsection 4-4-070.F.8, to read as shown
below. The current subsection 4-4-070.F.8 shall be renumbered as subsection 4-4-040.F.9, and
amended as follows:
8. Storm Drainage Facilities: The perimeter of all new flow control
and/or water quality treatment stormwater facilities shall be landscaped in
accordance with the provisions of this section and the Surface Water Design
Manual, unless otherwise determined through the site plan review or
subdivision review process.
99. Urban Separator Properties: Properties within urban separators
are subject to landscaping requirements of RMC 4-3-110_E in addition to the
requirements of this ISsection.
SECTION VIII. Subsection 4-4-070.H, Description of Required Landscaping Types, of
Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended to add a new subsection 4-4-070.H.6, to read as
follows:
6. Storm Drainage Facility Landscaping:
a. Trees are Prohibited on Berms: Trees are prohibited on any berm
serving a drainage-related function, however, groundcover is required and
subject to City review/approval.
b. Additional Locations Where Trees and Shrubs are Prohibited:
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ORDINANCE N0. 5749
i. Within the fenced area; and
ii. Within ten feet (101 of any manmade drainage structure (e.g.,
catch basins, ditches, pipes, vaults, etc.).
c. Perimeter Landscaping Required: A landscaping strip with a
minimum fifteen feet (151 of width shall be located on the outside of the fence,
unless otherwise determined through the site plan review or subdivision review
process.
d. Type of Plantings Required: Plantings shall be consistent with the
Surface Water Design Manual and this section. Additionally, trees must be
spaced as determined by the Department of Community and Economic
Development.
e. Conflicts: In the event of a conflict between this section and the
Surface Water Design Manual, the landscaping provisions of this section shall
prevail. Refer to Chapter 5 of the Surface Water Design Manual.
SECTION IX. Subsection 4-4-100.E.4.a, Churches, Apartments, Subdivisions, and
Existing Legally Established Nonconforming Businesses within Residential Zones, of Chapter 4,
City-Wide Property Development Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
a. Churches, Apartments, Subdivisions, and Existing Legally
Established Nonconforming Businesses within Residential Zones: Churches,
apartment buildings, subdivision developments, and existing legally established
nonconforming businesses within residential zones and similar occupancies
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ORDINANCE NO. 5749
located in residential and mixed-use zones may have two (2) on-premises
identifying signs of not over thirty-two (32) square feet in area on one (1) face.
The signs may be illuminated but not animated, shall be for location
identification only and shall display no copy, symbol or device other than that in
keeping with the development. Freestanding signs shall be not highe have a
height greater than six feet (6') above any established grade and shall be no
closer than te-n five feet (1-A 5') to any StFe tFight of way 9F five feet (5'` to any
side lot line.
SECTION X. Subsection 4-4-100.L.1.b, of Chapter 4, City-Wide Property Development
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
b. Within nonresidential zones, Cground signs that whieh are six feet
(6') or less in height may be installed within the fFGHt • aFd setbaek in the
landscape strip of the front yard setback ; ffevided, th-•* if the clear vision area
described in subsection C.6 of this Ssection is kept clear. Within residential
zones, ground signs six feet (61 or less in height may be located within the
landscape strip of the front yard setback if the sign is set back at least five feet
(5') from any lot line.
SECTION XI. Section 4-5-040, Renton Electrical Code, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
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ORDINANCE NO. 5749
The jure 22, 2009 most recently published E—edition of The Washington
Cities Electrical Code, Parts 1, 2 and 3, as published by the Washington
Association of Building Officials and amended by the City of Renton, ism
adopted by reference, and shall be known as the Renton Electrical Code.
The City shall at all times keep on file with the City Clerk, for reference by the
general public, not less than one (1) copy of The Washington Cities Electrical
Code.
SECTION XII. Subsection 4-5-060.A.2, 101.2 Scope, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
2. 101.2 Scope. The provisions of this Construction Administrative Code
shall apply to building, plumbing, and mechanical permits and the following
"Construction Codes":
a. 2012 International Building Code—WAC 51-50
b. 2012 International Residential Code—WAC 51-51
c. 2012 International Mechanical Code—WAC 51-52
d. 2012 National Fuel Gas Code (ANSI Z223.1/NFPA 54)—WAC 51-52
e. 2011 Liquefied Petroleum Gas Code (NFPA 58)—WAC 51-52
f. 2012 Uniform Plumbing Code—WAC 51-56 and 51-57
g. 2014 2-008 National Electrical Code
h. 2012 International Property Maintenance Code_
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ORDINANCE NO. 5749
SECTION XIII. Subsection 4-5-060.G.2.h.v(d) of 4-5-060.G.2.h.v, Plan Review Required,
of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
(d) Installations in occupancies, except one (1) - and two (2) -
family dwellings, where a service or feeder rated eee four hundred 4GG4 400
amperes or greater is installed or altered or if more than one four hundred 4000
400 amperes is added to the service or feeder.
SECTION XIV. Subsection 4-6-030.A, Purpose, of Chapter 6, Street and Utility
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
A. PURPOSE:
1. The purpose of this §ion is
pelieies With . ee +^ the City's . teF6eWses a-Rd to preserve the City's
watercourses by minimizing water quality degradation from by PFeYie
siltation, sedimentation and pollution of creeks, streams, rivers, lakes and other
bodies of water, and to protect
undeveloped land Property from increased runoff rates and to ensure public
safety
2. It shall also be the purpose of this§ion to reduce flooding, erosion,
and sedimentation; prevent and mitigate habitat loss; enhance groundwater
recharge; and prevent water quality degradation through permit review,
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ORDINANCE NO. 5749
construction inspection, enforcement, and maintenance of drainage
facilities/systems. ffiR GFdeF to ffffnete the effeetiveRe« of the FeqUiFeffleRts.
3. It shall also be the a purpose of this Ssection to regulate the Municipal
Separate Storm Sewer System (MS4) regarding the contribution of pollutants,
consisting of any material other than stormwater, including but not limited to
illicit discharges, illicit connections and/or dumping into any storm drain system,
including surface and/or groundwater throughout the City that would adversely
impact surface and groundwater quality of the City and the State of Washington,
in order to comply with requirements of the National Pollutants Discharge
Elimination System (NPDES) Phase 11 Municipal Stormwater Permit.
4. It shall also be the purpose of this section to create attractive and
functional drainage facilities that do not reduce public safety.
SECTION XV. Subsection 4-6-030.C, Adoption of Surface Water Design Manual, of
Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
C. ADOPTION OF SURFACE WATER DESIGN MANUAL:
The 2009 King County Surface Water Design Manual (KCSWDM), as now or as
hereafter may be amended by King County or the City of Renton, and hereby
referred to as the Surface Water Design Manual, is heFeby adopted by reference.
Manual, as amended by the City of Renton to s .cif.. I. eal FeqWiFemeRts and
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ORDINANCE N0. 5749
PFOeedUres, are-hereby adepted-by re-fere—Ree—RefeFenees-1T3, 4A, 4B, ^^, 713,
7E, 8F, 8a, a .,R,- 10 „f the King CGUnty SHF f.ee BeiateF Design Manual aFe et
adopted. One copy of the Surface Water Design Manual shall be filed with the
City Clerk. iReluding any amendments theFete
SECTION XVI. Subsection 4-6-030.E.4.d, Special Requirement 4, of Chapter 6, Street
and Utility Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
d. Special Requirement 4—Source Control: All commercial, industrial
and multifamily projects (irrespective of size) undergoing drainage review are
required to implement applicable source control in accordance with the King
County Stormwater Pollution Prevention Manual and the Surface Water Design
Manual.
SECTION XVII. Section 4-6-030, Drainage (Surface Water) Standards, of Chapter 6, Street
and Utility Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended to add two new subsections 4-6-030.F and 4-6-030.G, to read as shown below. The
remaining subsections shall be re-lettered accordingly.
F. CREATION OF TRACTS AND/OR EASEMENTS:
1. Method of Creation for City-Maintained Facility for New Residential
Subdivisions with Drainage Facilities that Collect Public Runoff: New residential
subdivisions shall place stormwater flow control and water quality treatment
ponds, vaults and other similar drainage facilities, along with the required
perimeter landscaping, in a stormwater tract that is granted and conveyed with
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all ownership and maintenance obligations (excluding maintenance of the
drainage facilities) to the subdivision's lot owners, their assigns, heirs, and
successors. An easement under and upon said tract shall be dedicated to the
City for the purpose of operating, maintaining, improving, and repairing the
drainage facilities contained in the stormwater tract. Only the chain link fence (if
required by subsection G of this section), flow control, water quality treatment
and conveyance facilities will be considered for formal acceptance and
maintenance by the City; maintenance of all other improvements and
landscaping in said stormwater tract shall be the responsibility of the tract
owner (s).
a. Covenants Conditions and Restrictions: Covenants conditions
and restrictions, which are approved by the Administrator, shall be recorded
with the King County Recorder's Office prior to recording the plat. The applicant
shall provide a copy of the recorded document. These covenants shall specify, at
a minimum,the following:
i. Ownership, maintenance, and repair for the commonly owned
tract, landscaping, and facilities (excluding maintenance of the drainage
facilities); and
ii. No modification of the tract or landscaping within the tract
shall be allowed without the City's prior written approval.
iii. These covenants shall be irrevocable and binding on all the
Property owners, including their assigns, heirs, and successors.
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ORDINANCE N0. 5749
b. Stormwater Easement: A stormwater easement shall be granted
and conveyed to the City of Renton for the purpose of conveying, storing,
managing and facilitating storm and surface water. The easement shall grant the
City the right to enter said stormwater easement for the purpose of inspecting,
operating, maintaining, improving, and repairing the drainage facilities in the
stormwater tract.
2. Method of Creation for Privately Maintained Facility: As determined
by the City, other types of new development shall create stormwater facilities
either within an easement or within a tract not dedicated to City. In the case of
a tract, the developer and successors shall own the tract and associated
development site with an equal and undivided interest.
3. Method of Creation for Other Developments: As determined by the
City, the City may take over maintenance of the drainage facilities located within
either an easement to the City or within a tract owned by the developer and his
successors in ownership together with an easement to the City.
G. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING:
1. Landscaping: Landscaping shall be consistent with the provisions of
Section 5.3 of the Surface Water Design Manual, except that within the City of
Renton, landscaping of drainage facilities is not optional; it is required.
Additionally, landscaping shall comply with the requirements of RMC 4-4-
070.F.8, Storm Drainage Facilities.
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ORDINANCE N0. 5749
2. Fencing Around New or Expanded Storm Drainage Ponds and Signage
Required: All flow control and water quality treatment ponds and similar
facilities, as determined by City Development Services, shall be fenced with a six-
foot (6') tall chain link fence and access gate. Fencing is required immediately
outside each new stormwater flow control and/or water quality treatment pond
and other similar facilities, as determined by City Development Services. For
stormwater ponds, the fence shall be placed at the top of the berm with the
maintenance access road on the inside of the fence; or five feet (5') minimum
from top of berm if there is no maintenance access road to allow access for
proper maintenance of the facility.
The chain link fence shall be coated with black or green bonded vinyl and
installed as determined by the City between the facility and the required
landscaping. Unless otherwise determined by the City, the fence gate must be
posted with a twelve inch (12") by eighteen inch (18") "No Trespassing" sign.
Cedar or other fencing materials may be installed only if the stormwater
facility is a privately maintained facility that is owned and operated by the
owner(s) of the tract.
3. Maintenance of Existing Facilities Required: Owners of existing
drainage facilities not maintained by the City are required to continue to
maintain existing landscaping and fencing. Replacement of deteriorated fencing
and failed plantings is required.
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SECTION XVIII. Subsection 4-6-0301.3.c, currently codified as 4-6-030.1-1.3.c, of Chapter
6, Street and Utility Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
c. Compliance with this subsection 44 shall be achieved through the
implementation and maintenance of best management practices (BMPs)
described in the Stormwater Pollution Prevention Manual. The Administrator s+
designee shall initially rely on education and informational assistance to gain
compliance with this subsection 44, unless the Administrator eF designee
determines a violation poses a hazard to public health, safety, or welfare,
endangers any property and/or other property owned or maintained by the City,
and therefore should be addressed through immediate penalties. The
Administrator BF designee may demand immediate cessation of illicit discharges
and assess penalties for violations that are an imminent or substantial danger to
the health or welfare of persons or danger to the environment.
SECTION XIX. Subsection 4-6-0301.7, currently codified as 4-6-030.H.7, of Chapter 6,
Street and Utility Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
7. Record Retention Required: All persons subject to the provisions of
this§ion shall retain and preserve for no less than thFee-(3) five 5 years any
records, books, documents, memoranda, reports, correspondence, and any and
all summaries theFee#, relating to operation, maintenance, monitoring, sampling,
remedial actions and chemical analysis made by or on behalf of a person in
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connection with any illicit connection or illicit discharge. All records which
pertain to matters which are the subject of administrative or any other
enforcement or litigation activities brought by the City pursuant to this Code
shall be retained and preserved by the person until all enforcement activities
have concluded and all periods of limitation with respect to any and all appeals
have expired.
SECTION XX. Subsection 4-6-030.K.2, Fees, currently codified as 4-6-030.1.2, of Chapter
6, Street and Utility Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
2. Fees: Fees shall be as listed in RIVIG ^ , 1899 the City of Renton Fee
Schedule Brochure on file with the City Clerk's Office.
SECTION XXI. Subsections 4-6-0301.2, Maintenance Bond (required only for those
facilities to be maintained and operated by the City of Renton), and 4-3-0301.3, Liability Policy,
currently codified as 4-6-0301.2 and 4-6-0301.3, of Chapter 6, Street and Utility Standards, of
Title IV (Development Regulations) of the Renton Municipal Code, are amended as follows:
2. Maintenance and Defect Bond (required only for those facilities to be
maintained and operated by the City of Renton): After satisfactory completion
of the facilities and prior to the release of the construction bond by the City, the
person constructing the facility shall commence a two (2) year period of
satisfactory maintenance of the facility. A cash bond, surety bond or bona fide
contract for maintenance and defects with a third-party for the duration of this
two (2) year period, to be approved by the City of Renton and to be used at the
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discretion of the City of Renton to correct deficiencies in said maintenance
affecting public health, safety and welfare, must be posted and maintained
throughout the two (2) year maintenance and defect period. The amount of the
cash bond or surety bond shall be in the amount equal to twenty percent (20%)
of the estimated cost of construction for a two (2) year period calculated using
the Bond Quantity worksheet as described in the Surface Water Design Manual.
The owner of the property shall throughout the maintenance and defect
period notify the City in writing if any defect or malfunction of the drainage
system has come to his or her notice. Failure to notify the City shall give the City
cause to reject assumption of the maintenance of the facility at the expiration of
the two (2) year maintenance and defect period, or within one year of the
discovery of the defect or malfunction of the drainage system, whichever period
is the latest in time.
3. Liability Policy: Before a permit shall be issued for any construction,
insurance will be required as follows:
a. Duration and Limits: The applicant shall secure and maintain in
force throughout the duration of the permit commercial general liability
insurance written on an occurrence basis with limits no less than one million
dollars ($1,000,000.00) for each pef occurrence/two million dollars
($2,000,000.00) aggregate.
b. Additional Insured: Copies of such insurance policy or policies
shall be furnished unto the City with a special endorsement in favor of the City
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with the City named as a primary and noncontributory additional insured on the
insurance policy and an endorsement stating such shall be provided to the City.
c. Cancelation Notice Required: The policy shall provide that it will
not be canceled or reduced without thirty (30) calendar days' advance written
notice to the City.
d. Waiver: Upon showing of a hardship and at the discretion of the
Administrator OF designee, the insurance requirements may be reduced or
waived for single family or two-family residential applications.
SECTION XXII. Subsection 4-6-030.M, Maintenance of Drainage Facilities, currently
codified as 4-6-030.K, of Chapter 6, Street and Utility Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
KM. MAINTENANCE OF DRAINAGE FACILITIES:
1. Drainage Facilities Accepted by the City of Renton for Maintenance:
a. Responsibility for Maintenance of Accepted Facilities: The City of
Renton is responsible for maintenance, including performance and operation of
drainage facilities inside= he fenee that have formally been accepted by the
Administrator. The City will also maintain any chain link fence surrounding
accepted drainage facilities if the fencing is required per subsection G of this
section. All landscaped areas, wooden fencing, or fencing constructed for a
purpose other than safety within the tract, must be maintained by the owner(s)
of the tract.
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b. City Assumption of Maintenance Responsibility for Existing
Facilities: The City of Renton may assume maintenance of privately maintained
drainage facilities, including the perimeter fencing, after the expiration of the
two (2) year maintenance period in connection with the subdivision of land if the
following conditions have been met:
i. All of the requirements of subsection E of this Ssection have
been fully complied with;
ii. The facilities have been inspected and any defects or repairs
have been corrected and approved by the Department prior to the end of the
two (2) year maintenance period;
iii. All necessary easements entitling the City to properly maintain
the facility have been conveyed to the City;
iv. The facility is constructed on a plat with public streets and
located on tracts or easements dedicated to the City; and
v. It is recommended by the Administrator and concurred in by
the City Council that said assumption of maintenance would be in the best
interests of the City.
c. Facilities not Eligible for Transfer of Maintenance Responsibility:
A drainage facility which does not meet the criteria of this subsection shall
remain the responsibility of the applicant required to construct the facility and
persons holding title to the property for which the facility was required.
2. Drainage Facilities Not Accepted by the City for Maintenance:
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ORDINANCE N0. 5749
a. The person or persons holding title to the property and the
applicant required to construct a drainage facility shall remain responsible for
the facility's continual performance, operation and maintenance in accordance
with the standards and requirements per subsection C of this §ion and
remain responsible for any liability as a result of these duties. This responsibility
includes maintenance of a drainage facility which is:
i. Under a two (2) year maintenance bond period;
ii. Serving a private road;
iii. Located within and serving only one (1) single family residential
lot;
iv. Located within and serving a multi-family, commercial site,
industrial or mixed use property site;
v. Not otherwise accepted by the City for maintenance.
b. A declaration of covenant as specified in the Surface Water Design
Manual shall be recorded. The restrictions set forth in such covenant shall
include, but not be limited to, provisions for notice to the persons holding title to
the property of a City determination that maintenance and/or repairs are
necessary to the facility and a reasonable time limit in which such work is to be
completed.
i. In the event that the titleholders do not effect such
maintenance and/or repairs, the City may perform such work upon due notice.
The titleholders are required to reimburse the City for any such work, with
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ORDINANCE NO. 5749
interest and including the cost of labor, benefits, materials, time and any other
related costs or fees. The restrictions set forth in such covenant shall be included
in any instrument of conveyance of the subject property and shall be recorded
with the King County Recorder's Office 8ivisien.
ii. The City may enforce the restrictions set forth in the
declaration of covenant provided in the Surface Water Design Manual.
3. Separate Conveyance System Required for Off Site Drainage:
Genveyanee systems te be
dFai. age easement, tFaet 9F Fight of way gFanted to W. Offsite areas that
naturally drain onto the project site must be intercepted at the natural drainage
course within the project site and conveyed in a separate conveyance system
and must bypass onsite stormwater facilities. Separate conveyance systems that
intercept offsite runoff and are located on private property must be located in a
drainage easement that may be dedicated to the City if the City deems it
appropriate depending on the upstream tributary area.
4. Maintenance of Landscaping and Other Improvements Located in the
Drainage Facility / Landscaping Tract: The owner(s) of the tract shall maintain
the landscaping, and other improvements installed within the tract. All
improvements to the drainage facility/landscaping tract, including landscaping,
shall require the submittal of a landscape and/or recreation plan approved by
the City.
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ORDINANCE NO. 5749
45. Other Cases: Where not specifically defined in this subsection, the
responsibility for performance, operation and maintenance of drainage facilities
and conveyance systems shall be determined on a case-by-case basis.
SECTION XXIII. Subsection 4-6-030.N, Retroactivity Relating to City Maintenance of
Subdivision Facilities, currently codified as 4-6-0301, of Chapter 6, Street and Utility Standards,
of Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
I:N. RETROACTIVITY RELATING TO CITY MAINTENANCE OF SUBDIVISION
FACILITIES:
If any person constructing drainage facilities pursuant to this§ion and/or
receiving approval of drainage plans prior to the effective date of the ordinance
codified in this §ion reassesses the facilities and/or plans so constructed
and/or approved and demonstrates, to the Administrator's satisfaction, total
compliance with the requirements of this Ssection, the City may, after
inspection, approval and acknowledgment of the proper posting of the required
bonds as specified in subsection A4 0 of this Ssection, assume maintenance of
the facilities.
SECTION XXIV. Subsection 4-6-030.11, Violations of This Section and Penalties, currently
codified as 4-6-030.P, of Chapter 6, Street and Utility Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
AR. VIOLATIONS OF THIS SECTION AND PENALTIES:
A violation of any of the provisions of this §ion shall be a civil infraction
upen the*St .,F{eRse pursuant to RMC 1-3-2. See also RMC 4-6-110.
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ORDINANCE NO. 5749
SECTION XXV. The subsection entitled Affidavit of Installation of Public Information
Sign, of subsection 4-8-120.C, Table 4-8-120.0 – Land Use Permit Submittal Requirements, of
Chapter 8, Permits –General and Appeals, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as shown below. The rest of the subsection shall remain as
currently codified.
LAND USE APPLICATIONS
TYPE OF PUD
APPLICATION/ PUD, Final
PERMIT Preliminary
SUBMITTAL REQUIREMENTS
Affidavit of Installation of Public Information Sign 2 -2
SECTION XXVI. Subsection 4-9-060.C.9.d, Amount of Payment of Fee in Lieu of Street
Improvements, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
d. Amount of Payment of Fee in Lieu of Street Improvements: In
each instance where the City approves a proposed fee-in-lieu under the
provisions of this §ion, the amount of the fee-in-lieu shall be eAe-hUFIdFed
peFcent(100%)^etre—they-estfflated 69-St 9 EeRStFUeti Rg the StFeet
qts that we-ild etherwise
be FeqWiFed under this GhapteF, based- A-R
^S+ of S+..^^+ nt ^S+..,,^+;^^. established at one hundred thirty-
three dollars ($133) per linear foot for sidewalks only and two hundred two
dollars ($202) per linear foot for curb, gutter and sidewalk. An additional thirty
24
ORDINANCE NO. 5749
dollars ($30) per linear foot would be assessed where there is an existing ditch
that would be piped with actual frontage improvements. Additional fee
amounts will be determined on a case-by-case basis for other significant street
elements, such as catch basins and curb ramps.
SECTION XXVII. Subsection 4-9-150.B.2, Code Provisions That May Be Modified, of
Chapter 9, Permits Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
2. Code Provisions That May Be Modified:
a. In approving a planned urban development, the City may modify
any of the standards of chapter 4-2 RMC, RMC 4-3-100, chapter 4-4 RMC, RMC 4-
6-060 and chapter 4-7 RMC, except as listed in subsection B.3 of this Ssection. All
modifications shall be considered simultaneously as part of the planned urban
development.
b. An applicant may request additional modifications from the
requirements of this Title, except those listed in subsection B.3 of this §ion.
A ..I fee ffle-.-LfLeatiens etheF than these r eifieally deSGFibe d on ubseetien
All modifications shall be considered simultaneously as
part of the planned urban development.
SECTION XXVIII. Subsection 4-9-200.D.1, of Chapter 9, Permits - Specific, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
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ORDINANCE NO. 5749
1. All master plans except those covered by a planned action ordinance
that included a public hearing that was determined by the Community and
Economic Development Administrator to have provided the public and decision-
makers with sufficient detail regarding the project's scale, design, bulk and uses.
Where a Master Plan is approved, subsequent Site Plans submitted for future
Phases may be submitted and approved administratively without a public
hearing.
SECTION XXIX. Subsection 4-9-250.B.c.iii, Steep Slopes Forty Percent (40%) or Greater
and Very High Landslide Hazards, of Chapter 9, Permits - Specific, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
iii. Steep Slopes Forty Percent (40%) or Greater and Very High
Landslide Hazards: The of ene single faMily hem^ eA a pFe existing
, atted let-�er-e-there-iis eneugh developable -area else here-enthatete
Variances
from the geologic hazard requirements of RMC 4-3-050, Critical Areas
Regulations.
SECTION XXX. The definition of "Cluster, Residential" in section 4-11-030, Definitions C,
of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
CLUSTER RESIDENTIAL DEVELOPMENT: The plaeement of FROFe than--eRe
single faffliy Fes+deRtiai�dwelling units +p—eit�er�ttac�ed OF a taehed
26
ORDINANCE NO. 5749
eenSStFUetien aK �=rgement, and wheFe—the- P,OpeFty--ewneFShip eutside the
building envelepes is eemmenly held by all single family dwellings en that lot eF
A residential subdivision comprised of a grouping of single family
dwellings on small lots designed to include significant open space or preserve
significant natural features, which are commonly held by the residents, in
exchange for modifications to certain development standards (e.g., lot
dimensions, setbacks, and building standards).
SECTION XXXI. The definition of "Density, Net" in section 4-11-040, Definitions D, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
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 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, and trails, shall not be subtracted from gross acres for the purpose of net
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ORDINANCE N0. 5749
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
0.50 or greater shall be rounded up to the nearest whole number. Those density
calculations resulting in a fraction that is less than 0.50 shall be rounded down to
the nearest whole number.
SECTION XXXII. The definition of "Lot, Small Cluster" in subsection F of the definition of
Lot Types in section 4-11-120, Definitions L, of Chapter 11, Definitions, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
F. Lot, Small Cluster: ^ ^{ SFAall lets ; new plats that „ .designed t„
.,.e.,ide a tFansit7s... d n buff F between uses R the D A 7.. ..
Small ^LusteF I +s
aFemriewedd *n t e o n ZeRe . hc�i-Irvca tca %O•FthriiFl-snrWAGIFed feet (690') vf
1
.d tTrc' s .. :I, land Ise
abutting and rEAFg�HvciS—Pr'vpeFt'.= ... t�C—I�ceSit�eRtF�1 C' gle [
designation rprthe t; rGTI GTI'ly CY G Il7pf 11 G ITthat
a ReWdes a signifleant epen spaee aFea equal te at least twenty peFeent (20%) of a
site. See CLUSTER DEVELOPMENT.
SECTION XXXIII. The definition of "Open Space" in section 4-11-150, Definitions 0, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
OPEN SPACE: Any physical area that provides visual relief from the built
environment for environmental, scenic or recreational purposes. Open space
may consist of developed or undeveloped areas, including urban plazas, parks,
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ORDINANCE NO. 5749
pedestrian corridors, landscaping, pastures, woodlands, greenbelts, wetlands
and other natural areas, but excluding stormwater facilities, driveways, parking
lots or other surfaces designed for vehicular travel.
SECTION XXXIV. Section 8-7-8, Variances and Appeal, of Chapter 7, Noise Level
Regulations, of Title VIII (Health and Sanitation) of the Renton Municipal Code, is amended as
follows:
8-7-8 VARIANCES AND APPEAL:
A. Jurisdiction: The Community and Economic Development Administrator
or his/her designee shall hear and decide requests for variances from the
requirements of this Chapter that do not require a public hearing. The Hearing
Examiner shall hear and decide requests for variances from the requirements of
this Chapter that require a public hearing.
B. Application: Parties seeking a variance from this Chapter, or a duly
authorized representative of the parties seeking the variance, shall file an
application for the variance, which application shall set forth fully the grounds
therefor and the facts the applicant deems material to justify the granting of
such a variance. The applicant for a noise variance must be the owner or
jurisdiction in charge of the project. In no cases shall the applicant for the noise
variance be the contractor for the construction project.
C. Public Notice and Hearing: A public hearing shall be required for all noise
variances which are greater than two (2) days in duration. For those variance
requests of two (2) days or less in duration, the variance decision shall be made
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ORDINANCE NO. 5749
by the Administrator or his/her designee following the public notice process. If
required, the hearing for a noise variance shall be a public hearing, the date of
which shall be not more than forty-five (45) days from the date of filing and
acceptance of the application for the variance. Notice of the time and place of
public hearing shall be given in at least one publication in the City's legal
newspaper, which publication shall be not less than ten (10) days prior to the
date of said public hearing. In addition, three (3) written notices of such public
hearing shall be posted at least ten (10) days prior to such hearing within, on or
about the location which will generate such noise. Additionally, written notice of
the hearing shall be given to any resident or property owner that will experience
an increase in noise, or potentially have an increase in noise, such that this
variance will increase the quantity of noise received by that property owner or
resident. The burden of providing this written notice shall be upon the applicant.
The r,,.r..r.unity and- Eeen.,m ie n,,.,,,i,,.,.,..,,mt_ n,.., iRiStFat F eF h;SnheF design
decision maker shall not consider any variance for which written notices have
not been given, or grant any variance that would cause an increase in noise
levels beyond that permitted in this Chapter unless the affected property owner
or resident has been notified.
D. Factors For Granting Variance: The Community -and- €EeRemie
Dever^^. ent- AdP;0n*r+rateF E)r 144S "h r ^'-';^^^^ decision maker, in passing upon
an application for a variance, shall consider all technical evaluations, all relevant
factors and standards specified in other sections of this Chapter, and in addition
30
ORDINANCE N0. 5749
thereto shall consider the following, none of which is mandatory for the granting
of the variance:
1. That the applicant wi4 suffers practical difficulties and unnecessary
a� hardship and the variance is necessary because of special
circumstances applicable to the applicant's property or project, and that the
strict application of this Chapter will deprive the subject property owner or
applicant of rights and privileges enjoyed by others.
2. That the granting of the variance will not be materially detrimental to
the public health, welfare or safety, or unduly injurious to the property or
improvements in the vicinity of the location for which this variance is sought.
3. That the variance sought is the minimum variance which will
accomplish the desired purpose.
4. That the variance contains such conditions deemed to be necessary
to limit the impact of the variance on the residence or property owners impacted
by the variance. The variance approval may be subject to conditions including,
but not limited to,the following:
a. Implementation of a noise monitoring program;
b. Maximum noise levels;
c. Limitation on types of equipment and use of particular
equipment;
d. Limitation on back-up beepers for equipment;
e. Required use of noise shields or barriers;
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ORDINANCE NO. 5749
f. Restrictions to specific times and days;
g. Specific requirements for documentation of compliance with the
noise variance conditions;
h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify
compliance;
j. Required access to the project by the City to verify compliance
with the noise variance conditions;
k. Specific program to allow for temporary hotel vouchers to
effected residents;
I. Requirements for written verification that all workers understand
the noise variance conditions for the project; and
m. Provision allowing the City to immediately revoke the variance
approval if the variance conditions are violated.
5. The importance of the services provided by the facility creating the
noise and the other impacts caused to the public safety, health and welfare
balanced against the harm to be suffered by residents or property owners
receiving the increased noise permitted under this variance.
6. The availability of practicable alternative locations or methods for the
proposed use which will generate the noise.
7. The extent by which the prescribed noise limitations will be exceeded
by the variance and the extent and duration of the variance.
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ORDINANCE NO. 5749
E. Findings and Conclusions Of G-A-m .,unityAnd Eeenemie Deye!OpMe'+
of the Decision Maker: The EemmunRty and—€Ee e
DevelepmentAdMuRktst.r t8F OF hiS/heF designee decision maker shall reduce his
or her decision to written findings, conclusions and a decision. The written
findings, conclusions and decision shall include a section noting the right of
appeal from the decision to the City Council.
F. Appeals: Any party participating in the public hearing feeling aggrieved
by the decision of the
his/h,,F designee Hearing Examiner may appeal the decision of the AdffliHiStFate
to the City Council within fourteen (14) calendar days of the decision. The appeal
document shall note the errors in findings or conclusions which the appellant
believes are material to the appeal. The HeaFing ExamineF City Council shall
consider the appeal and shall affirm the decision of the Hearin
Examiner unless the HeaFing ExamineF City Council finds that there are material
errors in the findings or conclusions, or that the decision is not supportable by
the findings and conclusions. If the HeaFing ExamineF City Council finds such
errors it shall reduce its decision to writing specifying the findings and
conclusions that are in error or stating that the decision is not supportable by the
findings and conclusions. Any party remaining aggrieved by the decision of the
HeaFing ceF City Council may further appeal to the King County Superior
Court within twenty-one (21) calendar days from the date of the HeaFing
ExamwAeF'S.City Council's decision.
33
ORDINANCE NO. 5749
SECTION XXXV. This ordinance shall be effective upon its passage, approval, and five (5)
calendar days after publication.
PASSED BY THE CITY COUNCIL this 12th day of January -12015.
Jason . Seth, Cit Jerk
APPROVED BY THE MAYOR this 12th day of Ja ar , 2015.
a
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney Y SEAL :
Date of Publication: 1/16/2015 (summary)
'»li/1�111131i11ii1�' ` �
ORD:1849:12/15/14:scr
34