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HomeMy WebLinkAboutORD 5156Amends OROs 2432,3988,4330, 4342,4521, 4522,4722, 4912, 4963, 4974,5027,5100,5137 CITY OF RENTON,WASmNGTON Amended by ORO 5170 ORDINANCE NO.5156 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTERS 4-2,4-4,AND 4-6 THROUGH 4-9 OF TITLE IV (DEVELOPMENT REGULATIONS)AND CHAPTER 8-7 OF TITLE vm (HEALTH AND SANITATION)AND CHAPTER 9-2 OF TITLE IX (PUBLIC WAYS AND PROPERTY)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"BY CHANGING REFERENCES FROM THE BOARD OF PUBLIC WORKS,TO THE PLANNINGIBUILDINGIPUBLIC WORKS ADMINISTRATOR. THE CITY COUNCIL OF THE CITY OF RENTON,WASmNGTON,DOES ORDAIN AS FOLLOWS: SECTIONL Section 4-2-120.C.18.d ofChapter 2,Zoning Districts -Uses and Standards,ofTitle IV (Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: d.Where below-grade structures are permitted to have zero front yard/street setbacks, structural footings may minimally encroach into the public right-of-way,subject to approval ofthe PlanninglBuildinglPublic Works Administrator or hislher designee. SECTIONIL Section 4-2-120.F.5.d of Chapter 2,Zoning Districts -Uses and Standards,of Title N (Development Regulations)ofOrdinance No.4260 entitled "Code of General Ordinances of the City ofRenton,Washington"is hereby amended to read as follows: d.Where below-grade structures are permitted to have zero front yard/street setbacks,structural footings may minimally encroach into the public right-of-way,subject to approval ofthe Planning/BuildinglPublic Works Administrator or his/her designee. SECTION IlL Section 4-4-080.F.2 of Chapter 4,City-Wide Property Development Standards,ofTitle N (Development Regulations)ofOrdinance No.4260 entitled I ORDINANCE NO.5156 "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 2.Maximum Parking Lot and Parking Structure Slopes:Maximum slopes for parking lots shall not exceed eight percent (8%) slope.The PlanninglBuildinglPublic Works Administrator or his/her designee may allow a driveway to exceed eight percent (8%)slope but not more than fifteen percent (15%)slope,upon proper application in writing and for good cause shown,which shall include,but not be limited to,the absence of any reasonable alternative. SECTION W.Section 4-4-080.I.3.a.iii ofChapter 4,City-Wide Property Development Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 111.The PlanninglBuildinglPublic Works Administrator or his/her designee may grant an exception upon proper application in writing and for good cause shown,which shall include,but not be limited to,the absence of any reasonable alternative. SECTION V.Section 4-4-090.G of Chapter 4,City-Wide Property Development Standards,of Title IV (Development Regulations)ofOrdinanee No.4260 entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: G.APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the PlanninglBuildinglPublic Works Administrator or his/her designee within fifteen (15)days and filed,in writing,with the PlanninglBuildinglPublic Works Department.The Administrator shall give substantial weight to any discretionary decision ofthe City rendered pursuant to this Section. 2 ORDINANCE NO.5156 SECTION VI.Section 4-6-060.L of Chapter 6,Street and Utility Standards,of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: L.TIMING FOR INSTALLATION OF IMPROVEMENTS: No building shall be granted a certificate of final occupancy,or plat or short plat recorded,until all the required street improvements are constructed in a satisfactory manner and approved by the responsible departments unless those improvements remaining unconstructed have been deferred by the PlanninglBuildingfPublic Works Administrator or his/her designee and security for such unconstructed improvements has been satisfactorily posted. SECTION VII.Section 4-6-090.E.2.aii ofChapter 6,Street and Utility Standards, of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 11.Special Requirements for Rezoned Areas:All areas rezoned for commercial or industrial use after the effective date ofthis Chapter shall be converted to underground in the same manner as provided herein for existing facilities within fifteen (15)years from the effective date of such rezoning,subject to a ten (10)year extension by the City,provided that the PlanninglBuildingfPublic Works Administrator or his/her designee elects to add such rezoned areas to those outlined on the map as designated in subsection E2a ofthis Section. SECTION VIn.Section 4-6-090.1 of Chapter 6,Street and Utility Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 3 ORDINANCE NO.51 56 I.VARIANCE PROCEDURES: 1.Authority:All applications for variances from the foregoing underground requirements shall first be filed with the PlanninglBuilding/Public Works Administrator or hislher designee.The Administrator shall promulgate rules and regulations governing application for,hearings pertaining to,and the granting of variances from the foregoing underground requirements. 2.Review Criteria:Underground requirements shall be waived by a variance only if the utility owner or user or any other affected party can demonstrate that it would work an undue hardship to place the facilities concerned underground.By an undue hardship is meant a technological difficulty associated with the particular facility,or with the particular real property involved,or a cost of undergrounding such a facility which,in the discretion ofthe PlanninglBuilding/Public Works Administrator or hislher designee,is deemed to outweigh the general welfare consideration implicit in underground installation,or an area where the growth pattern has not been sufficiently established to permit the determination ofultimate service requirements or major service routes. SECTION IX.Section 4-7-050.C.6 of Chapter 7,Subdivision Regulations,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 6.Improvements:The Department will confrrm that the required improvements have been installed by the applicant,or deferred by the PlanninglBuilding/Public Works Administrator or his/her designee. 4 ORDINANCE NO.5156 SECTION X.Section 4-7-050.D.6 of Chapter 7,Subdivision Regulations,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 6.Improvements:The Department will confirm that the required improvements have been installed by the applicant,or deferred by the PlanninglBuilding/Public Works Administrator or his/her designee. SECTION XL Section 4-7-150.F of Chapter 7,Subdivision Regulations,of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances of the City ofRenton,Washington"is hereby amended to read as follows: F.IMPROVEMENTS REQUIRED: All adjacent rights-of-way and new rights-of-way dedicated as part ofthe plat,including streets,roads,and alleys,shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/BuildinglPublic Works Administrator or his/her designee. SECTION XII.Section 4-8-050.DofChapter 8,Permits -General and Appeals,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: D.EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL REQUIREMENTS FOR PERMIT APPLICATIONS NOT SUBJECT TO ENVIRONMENTAL REVIEW: RCW 36.70B.140 allows local governments to exclude certain approvals and building and engineering permits from the public notification and procedural requirements ofthe statute if they are categorically exempt from environmental review or ifenvironmental review has already 5 ORDINANCE NO.5156 been completed at an earlier stage.However,the City's one hundred twenty (120)day maximum processing time would still apply.Therefore,the City exempts the following actions from the public notification and procedural requirements since they are typically processed very quickly and would be considerably delayed by imposition ofa public comment period(s). 1.Building and grading permits (SEPA exempt), 2.Business licenses for home occupations, 3.PlanninglBuilding/Public Works Administrative variances (i.e.,driveway grade), 4.Fire installation/construction permits, 5.Electrical,mechanical,plumbing,sign and special fence permits, 6.Lot line adjustments, 7.Final plats, 8.Minor amendments (less than 10 percent)to a previously approved site plan, 9.Occupancy permits, 10.Open space,agricultural and timber lands current use assessment, 11.Public art exemption certificate, 12.Routine vegetation management permits (SEPA exempt), 13.Shoreline exemptions, 14.Temporary use permits (SEPA exempt),but not exempting sign requirements, 15.Water,sewer,storm drainage,roadway permits (SEPA exempt), 16.Other SEPA exempt actions/activities as outlined in WAC 197-11-800. SECTION XID.Section 4-8-110.D of Chapter 8,Permits -General and Appeals,of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 6 ORDINANCE NO.5156 4-8-11O.D APPEALS OF ADMINISTRATIVE DECISIONS TO THE PLANNINGIBUILDINGIPUBLIC WORKS DEPARTMENT: Any decisions made in the administrative process related to the City's storm drainage regulations may be appealed to the PlanninglBuildinglPublic Works Administrator or his/her designee within fifteen (15)days and filed,in writing,with the PlanninglBuilding/Public Works Department.The Administrator shall give substantial weight to any discretionary decision ofthe City rendered pursuant to this Chapter. SECTION XIV.Section 4-9-060.C of Chapter 9,Permits -Specific,of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: C.PLANNINGIBUll..DINGIPUBLIC WORKS ADMINISTRATOR'S DEFERRAL OF PLAT IMPROVEMENTS OR DEFERRAL OF OTHER ON-AND OFF-SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT: 1.Applicability:Ifa developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures,or in the case of plats, final plat approvaL the written application shall be made to the Planning/BuildinglPublic Works Administrator or his/her designee stating the reasons why such delay is necessary. 2.Decision Criteria:(Reserved) 3.Security Required:Upon approval by the Planning/Building/Public Works Administrator or his/her designee for such deferment,for good cause shown by the applicant,the applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent (15()o~)ofthe estimated cost ofthe installation and required improvements.The decision ofthe Administrator as to the amount of such security shall be conclusive. 7 ORDINANCE NO.5156 4.Plans for Improvements Required:Should the PlanninglBuildinglPublic Works Administrator or hislher designee grant the deferral of part or all ofthe necessary on-site improvements,then full and complete engineering drawings ofthe on-site improvements shall be submitted as a condition precedent to the granting of any deferral. 5.Waiver ofRequirement for Plans:Board may waive requirement of construction plans for short plat improvement deferrals. 6.Expiration:Such security shall list the exact work that shall be performed by the applicant and shall specify that all ofthe deferred improvements shall be completed within the time specified by the PlanninglBuildinglPublic Works Administrator or his/her designee,and if no time is so specified,then not later than one year.For plats,ifno time is established,then not later than one year after approval ofthe final plat by the City Council or one year after recording of a short subdivision.The security shall be held by the Finance Department. 7.Extension of Time Limit:The PlanninglBuildinglPublic Works Administrator or hislher designee (Administrator)shall annually review the deferred improvements and the amount ofthe security.Should the Administrator determine that any improvement need not be installed immediately,then the Administrator may extend the deferral for an additional period oftime up to an additional year.Any improvement deferred for five (5)years shall be required to be installed or shall be waived by the Administrator pursuant to RMC 4-9-250.C,Waiver Procedures,unless the Administrator determines that it is more likely than not that the improvements would be installed within an additional five (5)year period oftime,in which case the Administrator may continue to defer the improvements year to year subject to the other conditions contained in this Section.Should any improvement be initiated before the lapse ofa deferra~and the work is diligently pursued,then the Administrator may extend the deferral 8 ORDINANCE NO.5156 period for a term equivalent to the time necessary to complete construction,but subject, however,to continuation ofthe security.At the same time as the granting ofany additional deferral,the security for such deferral shall be reviewed and increased or decreased as the Administrator shall deem necessary,but shall remain in an amount equal to a minimum of one hundred fifty percent (150%)ofthe estimated cost ofthe installation ofthe deferred improvement. 8.Acceptable Security:Security acceptable under this Section may be cash,letter of credit,set aside letter provided that the funds cannot be withdrawn,spent,or committed to any third party,or savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval.Only ifthese security devices are unavailable to the applicant, or the applicant can show hardship,will the City accept a performance bond.Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant.Security must be unequivocally committed to the project being secured,and cannot be available for any other purpose.Any security that,according to its terms, lapses upon a date certain,will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date ofthe prior security. Each security document posted with the City must be approved by the City Attorney,whose decision as to the acceptability ofthe security shall be conclusive. 9.Special Security Option for Deferral of Street Improvements:A restrictive covenant running with the land,signed and properly recorded after City Attorney review,may be accepted as security ifthe covenant guarantees that the property will join in any future LID established to install the required improvements in addition to the following conditions: 9 ORDINANCE NO.51 56 a.There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5)years. b.There will be no detrimental effect on the public health,safety or welfare ifthe improvements are not installed. c.There is no likelihood that the zoning or land use on or adjacent to the site will change to a higher classification within a five (5)year period,thus increasing the likelihood that the improvements will be needed. d.A covenant approved by the PlanninglBuildinglPublic Works Administrator or his/her designee shall contain language that stipulates the property owner will immediately install the deferred improvements at his or her expense upon a determination ofthe Administrator that the improvements have become necessary. 10.Special Security Option for Short Plats:A restrictive covenant running with the land,signed and properly recorded after City Attorney review,may be accepted as security ifthe covenant guarantees that the property will join in any future limited improvement district established to install the required improvements in addition to the following conditions: a.The restrictive covenant for deferrals occurs only for a single family development no larger than a short plat. b.There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5)years. c.There will be no detrimental effect on the public health,safety or welfare ifthe improvements are not installed. 10 ORDINANCE NO.5156 d.There is little likelihood that the zoning or land use on or adjacent to the site will change to a higher classification and development will occur within a five (5)year period,thus increasing the likelihood that the improvements will be needed. e.A covenant approved by the PlanninglBuiIdingfPublic Works Administrator or his/her designee shall contain language that stipulates the property owner will immediately install the deferred improvements at his or her expense upon a determination ofthe Administrator that the improvements have become necessary. 11.Security Requirement Binding:The requirement ofthe posting ofany security therefore shall be binding on the applicant and the applicant's heirs,successors and assigns. 12.Record ofDeferral:The PlanninglBuilding/Public Works Administrator or his/her designee shall note for the Department's record the following information:the improvements deferred,amount of security or check deposited,time limit of security or check, name of bonding company,and any other pertinent information. 13.Transfer ofResponsibility:Whenever security has been accepted by the PlanninglBuilding/Public Works Administrator or his/her designee,then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security,and has provided security.In the instance where security would be provided by a condominium owners'association or property owners'association,then it shall be necessary for the owners association to have voted to assume the obligation before the City may accept the security,and a copy ofthe minutes of the owners'association duly certified shall be filed along with the security. 14.Administrative Approval Required Prior to Transfer ofResponsibility:The City shall not be required to permit a substitution of one party for another on any security if the 11 ORDINANCE NO.5156 PlanninglBuildinglPublic Works Administrator or hislher designee,after full review,feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 15.Proceeding Against Security:The City reserves the right,in addition to all other remedies available to it by law,to proceed against such security or other payment in lieu thereof In case of any suit or action to enforce any provisions ofthis code,the developer shall pay the City all costs incidental to such litigation including reasonable attorney's fees.The applicant shall enter into an agreement with the City requiring payment of such attorney's fees. SECTION XV.Section 4-9-250.C.2 of Chapter 9,Permits -Specific,of Title IV (Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 4-9-250.C.2 Authority for Waiver of Street Improvements:The PlanninglBuildinglPublic Works Administrator or his/her designee may grant waiver ofthe installation of street improvements subject to the determination that there is reasonable justification for such waiver. SECTION XVL Section 8-7-8 ofChapter 7,Noise Level Regulations,ofTitIe vm (Health and Sanitation)of Ordinance No.4260 entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 8-7-8 VARIANCES AND APPEAL: A.Jurisdiction:The PlanninglBuildinglPublic Works Administrator or his/her designee shall hear and decide requests for variances from the requirements ofthis Chapter. B.Application:Parties seeking a variance from this Chapter,or a duly authorized representative ofthe parties seeking the variance,shall file an application for the variance,which 12 ORDINANCE NO.5156 application shall set forth fully the grounds therefor~and the facts the applicant deems material to justify the granting of such a varia~ce. C.PublicNotice And Hearing:The hearing for a noise variance shall be a public hearing, the date ofwhich shall be not morethan forty five (45)days from the date offiling and acceptance ofthe application for the variance.Notice ofthe time and place of public hearing shall be given and at least one publication in the City's legal newspaper,which publication shall be not less than ten (10)days prior to the date of said public hearing.In addition,three (3) written notices of such public hearing shall be posted at least ten (10)days prior to such hearing within,on or about the location which will generate such noise.Additionally,written notice of the hearing shall be given to any resident or property owner that will experience an increase in noise,or potentially have an increase in noise,such that this variance will increase the quantity of noise received by that property owner or resident.The burden of providing that this written notice has been properly given shall be upon the applicant.The PlanninglBuildinglPublic Works Administrator or hislher designee shall not consider any variance for which written notices have not been given,or grant any variance that would cause an increase in noise levels beyond that permitted in this Chapter unless the affected property owner or resident has been notified. D.Factors For Granting Variance:The Planning/Building/Public Works Administrator or his/her designee,in passing upon an application for a variance,shall consider all technical evaluations,all relevant factors and standards specified in other sections of this Chapter,and in addition thereto shall consider the following,none ofwhich is mandatory for the granting ofthe variance: 1.That the applicant will suffer an undue hardship and the variance is necessary because of special circumstances applicable to the applicant's property or project,and that the 13 ORDINANCE NO.5]56 strict application of this Chapter will deprive the subject property owner or applicant ofrights and privileges enjoyed by others. 2.That the granting ofthe variance will not be materially detrimental to the public health,welfare or safety,or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. 3.That the variance sought is the minimum variance which will accomplish the desired purpose. 4.That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. 5.The importance ofthe services provided by the facility creating the noise and the other impacts caused to the public safety,health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. 6.The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 7.The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration ofthe variance. E.Findings and Conclusions of PlanninglBuildinglPublic Wodes Administrator:The PlanninglBuilding/Public Works Administrator or hislher designee shall reduce his or her decision to written findings,conclusions and a decision.The written findings,conclusions and decision shall include a section noting the right of appeal from the decision to the City Council. F.Appeals:Any party participating in the public hearing feeling aggrieved by the decision ofthe PlanninglBuilding/Public Works Administrator or hislher designee may appeal the 14 ORDINANCE NO.5156 decision of the Administrator to the Hearing Examiner within fourteen (14)days ofthe decision. The appeal document shall note the errors in findings or conclusions which the appellant believes are material to the appeal.The Hearing Examiner shall consider the appeal and shall affrrm the decision ofthe Administrator unless the Hearing Examiner finds that there are material errors in the findings or conclusions,or that the decision is not supportable by the findings and conclusions.Ifthe Hearing Examiner finds such errors it shall reduce its decision to writing specifying the findings and conclusions that are in error or stating that the decision is not supportable by the findings and conclusions.Any party remaining aggrieved by the decision of the Hearing Examiner may further appeal to the King County Superior Court within twenty-one (21)calendar days from the date of the City Council's decision. SECTION XVII.Section 9-2-2.A ofChapter 2,Excess Right of Way Use,of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances of the City ofRenton,Washington"is hereby amended to read as follows: A Any person,partnership or corporation desirous oftemporarily or permanently using and occupying unneeded and unused public right-of-way and whose property directly abuts and adjoins such public right-of-way,may apply to the PlanninglBuildinglPublic Works Administrator or his/her designee to secure a revocable permit or permanent easement for such use.Such application shall include sufficient and specific plans as to the proposed use and any such use and occupancy shall be in compliance with all ofthe City's laws and ordinances.If such application is for a permanent easement,that application shall additionally include the following: 1.Evidence,such as a title policy,title search or other similar mechanism showing that the applicant owns the underlying fee to the public right-of-way;or 15 ORDINANCE NO.5156 2.Ifthe applicant is not the owner in fee ofthe property burdened by the right-of- way,then a quit claim deed or easement from the fee owner;or 3.In doubtful cases,or where ownership cannot be proven,what title history is available,and a covenant running with the land holding the City harmless from any and all later claims for damages,inverse condemnation,injunction or other action premised upon the City's granting ofthe permanent easement. 4.Where the City is the fee owner ofthe property in question,subsections Al through A3 ofthis Section shall be satisfied. SECTION XVIII.Section 9-2-3 of Chapter 2,Excess Right ofWay Use,of Title IX (Public Ways and Property)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: 9-2-3 STANDARDS OF REVIEW: A Revocable Permits:Prior to the issuance of any revocable permit,the PlanninglBuilding/Public Works Administrator or hislher designee shall find and determine that the City has no foreseeable use or need for such excess or unused public right-of-way for the period oftime ofthe permit. B.Permanent Easements:Prior to the issuance of any permanent easement,the PlanninglBuilding/Public Works Administrator or hislher designee shall review the application and determine that the easement is the minimum that will be necessary,that the easement will not negatively affect the current or anticipated future use ofthe right-of-way,and that the public good,in balance,is furthered by such easement.The easement is intended to allow granting of minor easements for eave overhangs,foundation footings or similar minor uses when approved by the Administrator,when the structures are deemed to be of significant benefit to the City. 16 ORDINANCE NO.5156 Such permanent easement shall be limited to no more than three feet in width for underground structures such as foundation footings,and no more than eight feet in width for structures above ground such as eave overhangs or bay windows.In no case shall aboveground structures be less than 14 feet from ground elevation,nor shall they extend over the surface ofa paved street,but shall be limited to over sidewalks,alleys,landscape areas,or unimproved areas. C.Vacation Of Right-Of-Way:Ifthe subject right-of-way will not be necessary for future public use,then the applicant should be encouraged to apply for a vacation ofthe right-of-way. The application for use ofright-of-way shall be tabled until the applicant refuses to apply for vacation or the vacation is denied by the City Council.Ifthe vacation is granted,the application for use shall be dismissed. D.Authority And Conditions:The PlanninglBuilding/Public Works Administrator or hislher designee shall further have the right to impose such conditions or terms as may appear reasonable under the circumstances in order to protect the public safety,welfare,general appearance and aesthetics ofthe subject area.The Administrator shall likewise have the authority to deny the permit should it find that it is not in the public interest and will not further the public safety,welfare,general appearance and aesthetics ofthe subject area. 9-2-4 FEE DETERMINED: When an application is approved,the Planning/BuildinglPublic Works Administrator or his/her designee shall determine a nonrefundable fee as established by ordinance for the temporary use ofthe right-of-way or granting of a permanent easement.The fee shall be as stipulated in RMC 4-1-180.E. 9-2-5 MINIMUM PERMIT REQUIREMENTS: 17 ORDINANCE NO.5156 A Tennination OfRevocable Permits:All revocable permits shall be subject to tennination upon thirty (30)days'written notice by the City. B.Insurance Required:Any easement applicant under this Section or any permittee shall provide,prior to the issuance or grant of any such revocable permit or permanent easement, sufficient public liability and property damage insurance with limits of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00)on account of public liability and not less than fifty thousand dollars ($50,000.00)on account of property damage. Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor ofthe City.Upon showing of a hardship and at the discretion ofthe PlanninglBuildinglPublic Works Administrator or his/her designee,the insurance requirements may be reduced or waived for single-family or two-family residential applications.For municipalities or utilities that are self insured,there may be substituted a statement of self insurance showing the ability to answer for damages in the amounts stated in this paragraph. C.Agreement Required:Any easement holder or pennittee shall furnish unto the City an appropriate hold harmless and indemnity agreement as may be approved by the City Attorney and/or a performance or maintenance bond. D.Cancellation Or Rescission:In case of any nonpayment ofthe established fee,or failure to maintain the insurance or indemnity agreement by such user,the revocable permit shall be deemed cancelled,or the easement rescinded. SECTION XIX.This ordinance shall be effective upon its passage,approva~and 30 days after publication. 18 ORDINANCE NO.5156 PASSED BY THE CITY COUNCIL this 26 t h day of_--=S:....:e;..<;p-e;:t...:;.e=m...=..b...=..e;;:...r_-,'2005. Bonnie 1.Walton,City Clerk APPROVED BY THE MAYOR this 26 t h day of S_e...::..p_t_e_m_be_r__---',2005. Approved as to form: Date ofPublication:9/30/2005 (summary) ORD.12oo:9115/05:ma 19