HomeMy WebLinkAboutORD 5153ORDINANCE NO.5153
Amends Ords:3174, 3891,4039,
4071, 4346,4553, 4437,4722, 4768,
4856,4954, 4963, 4974,4975,5000,
5017,5018,5028, 5040,5085;5095,
5100,5169
CITY OF RENTON,WASHINGTON Amended.by :'·ORD 5169,5218,
5240, 5279, 5304, 5306,5309
5355 5356,5369
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING CHAPTERS 4-1,4-2,4-4,4-6 THROUGH 4-9,AND 4-11 OF
TITLE IV (DEVELOPMENT REGULATIONS)AND CHAPTER 9-11 OF
TITLE IX (PUBUC WAYS AND PROPERTY)OF ORDINANCE NO.4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CI1Y OF
RENTON,WASHINGTON"BY CLARIFYING ZONE DENSITY
CONTROLS OVER WNE LOT SIZE PROVISIONS AND REMOVING
GREEN RIVER VALLEY LANDSCAPING REQUIREMENTS;AND BY
AMENDING ADMINISTRATIVE,INTERPRETATION,AND
ENFORCEMENT PROCEDURES;FEES AND FEE REFUNDS AND
WAIVERS;BINDING SITE PLAN REGULATIONS;PLANNED
UNITIURBAN DEVELOPMENT REGULATIONS;NONPROJECT SEPA
REQUIREMENTS;AND DEFINmONS.
WHEREAS,the Planning Commission was consulted for its recommendations on the
2004 City Code Title IV (Development Regulations)Docket and related amendments between
November 2004 and January 2005;and
WHEREAS,the Planning and Development Committee considered the staff and
Planning Commission recommendations for the 2004 City Code Title IV (Development
Regulations)Docket and related amendments;and
WHEREAS,courtesy notices of the Planning Commission and Planning and
Development Committee meetings were provided to parties of record;and
WHEREAS,a public hearing before the City Council was duly noticed to the public and
parties ofrecord and held on February 28,2005;and
WHEREAS,the Planning and Development Committee considered the public hearing
testimony and made its Committee recommendation on March 14,2005 to the full City Council,
requesting that an ordinance be prepared consistent with the Committee report;
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ORDINANCE NO.5153
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,
WASIDNGTON,DOES ORDAIN AS FOLLOWS:
SECTION L Sections 4-1-060.C and D of Chapter 1,Administration and
Enforcement,of Title N,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
C.PLAN ELEMENTS:
1.Required Elements:The Comprehensive Plan shall contain the following
mandatory planning elements as required by the Growth Management Act:
a.A land use element designating the proposed distribution,location and
extent ofthe uses of land.
b.A transportation element that is consistent with the land use element and
includes land use assumptions,an inventory of facility and service needs,service standards,
financing needs and a reassessment of land use,if service standards cannot be met.
c.A housing element containing an inventory of needs,policies for
protection and development of housing for all economic segments ofthe community and
identifying sufficient land for housing.
d.A utilities element consisting of an inventory ofneeds and policies for the
development ofutilities and the location,proposed location and capacity ofall existing and
proposed utilities.
e.A capital facilities element that includes an inventory of all capital
facilities,forecast of future needs,proposed location of new or expanded facilities,a six (6)year
funding plan and a reassessment ofthe land use element,if funding falls short.
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ORDINANCE NO.5153
2.Optional Elements:The Comprehensive Plan may include additional elements,
relating to the physical development within the City;including,but not limited to subarea plans,
each ofwhich is consistent with the other elements ofthe Comprehensive Plan.
3.Land Use Element Map:The land use element map,maintained on display in the
customer service area ofthe PlanninglBuildinglPublic Works Department,illustrates in broad
and general terms the desired development ofthe City during the twenty (20)year planning
period.
D.ADOPTION:
The Comprehensive Plan and any amendments and associated subarea plans are adopted
by ordinance ofthe City Council after public hearing by the Council.
SECTIONll.Section 4-1-070.B.l of Chapter '1,Administration and
Enforcement,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:
1.Title 4 -Development Regulations:
Chapter 1 Administration and Enforcement
Chapter 2 Zoning Districts:Uses and Standards
Chapter 3 Environmental Regulations and Overlay Districts
Chapter 4 City-Wide Property Development Standards
Chapter 5 Building and Fire Prevention Standards
Chapter 6 Street and Utility Standards
Chapter 7 Subdivision Regulations
Chapter 8 Permits -General and Appeals
Chapter 9 Permits -Specific
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ORDINANCE NO.5153
Chapter 10 Nonconforming Structures,Uses and Lots
Chapter 11 Definitions
SECTION m Sections 4-I-080.A-D of Chapter 1,Administration and
Enforcement,of Title IV,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
A.ADMINISTRATIVE INTERPRETATION:
1.General:The PlanninglBuilding/Public Works Administrator is hereby
authorized to make interpretations regarding the implementation ofunclear or contradictory
regulations contained in this Title.Any interpretation ofthe Renton Title IV Development
Regulations shall be made in accordance with the intent or purpose statement ofthe specific
regulation and the Comprehensive Plan.Life,safety and public health regulations are assumed
to prevail over other regulations.
2.Zoning Conflicts:In the event that there is a conflict between either the
development standards or special development standards listed in chapter 4-2 RMC,Zoning
Districts:Uses and Standards,and the standards and regulations contained in another Section,the
Zoning Administrator shall determine which requirement shall prevail in accordance with the
intent or purpose statement ofthe specific regulation and the Comprehensive Plan.Life,safety
and public health regulations are assumed to prevail over other regulation.
B.CONFLICTS AND OVERLAPS:
This Title is not intended to repeal,abrogate,or impair any existing easements,
covenants,or deed restrictions.However,where this Title and another easement,covenant,or
deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall
prevail.
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ORDINANCE NO.5153
C INTERPRETATION OF REQUIREMENTS:
In interpreting and applying the provisions ofthis Title,the requirements herein shall be:
1.Considered the minimum for the promotion of the public health,safety,morals
and general welfare;
2.Liberally construed in favor of the governing body;and
3.Deemed neither to limit nor repeal any other powers granted under State statutes.
D.MORE RESTRICTIVEIHIGHER STANDARDS TO GOVERN:
Wherever any regulation in this Title imposes higher or more restrictive standards than
are required in any other statute or regulation,the provisions ofthis Title shall govern.Wherever
the provisions ofany other statute or regulation impose higher or more restrictive standards,the
provision~of such other statute or regulation shall govern.
SECTION IV.A new Section,4-1-080.E,of Chapter 1,Administration and
Enforcement,of Title IV,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City of Renton,Washington"is hereby added,to read as follows:
E.TERMINOLOGY:
When not inconsistent with the context,words used in the present tense include the
future,words in the plural number include the singular number and words in the singular number
include the plural number.The word "shall"is always mandatory.
SECTION V.Section 4-1-100.A of Chapter 1,Administration and Enforcement,
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:
4-1-100 ENFORCEMENT:
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ORDINANCE NO.5153
A.PURPOSE:
The purpose ofthis section is to promote compliance with this Title by establishing
enforcement authority,defining violations,and setting standards for initiating the procedures set
forth in Chapter 1-3,Remedies and Penalties,when violations ofthis Title occur.The provisions
ofthis Title and any conditions associated with entitlements approved by the City shall be
diligently enforced in order to promote the City's planning efforts and to protect the public
health,safety,and welfare.A further intent ofthis section is to ensure that no permit,license,or
land use approval is issued in conflict with the provisions ofthis Title.
SECTION VI.A new Section,4-1-100.B,of Chapter 1,Administration and
Enforcement,of Title IV,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby added,to read as follows:
B.RESPONSffiILITY AND AUTHORITY:
The Development Services Director,or his/her designee,shall be authorized to enforce
the provisions of Title 4 ofthe Renton Municipal Code.The Director shall also enforce any
implementing administrative rules,administration,and approval conditions attached to any land
use approva~through revocation or modification of permits,or through the enforcement,penalty
and abatement provisions of Chapter 1-3 RMC,Remedies and Penalties.
SECTION VII.Sections 4-1-110.A and B of Chapter 1,Administration and
Enforcement,of Title IV,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
A.VIOLATIONS:
Violations are illegal and are misdemeanors subject to the enforcement penalty and
abatement procedures of Chapters 1-3-1 and 1-3-3 ofthe Renton Municipal Code.
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ORDINANCE NO.5153
B.REMEDIES AND PENALTIES:
1.Stop Work Order:Any construction in violation ofthis Title,or any condition(s)
imposed on a permit or license,may be subject to the issuance of a "Stop Work Order."
2.Refusal of Approvals:
a.The City shall not issue any permit or grant any approval necessary to
develop any real property which has been divided,or which has resulted from a division,in
violation ofthe provisions ofthe Renton Municipal Code or state subdivision regulations.
b.No approval shall be granted for a land-use permit,land division,or
building permit for any parcel of land on which there is a violation of any city or state law or
permit to use or development ofthe property,unless such violations are either corrected prior to
application or are required to be corrected as a condition of approval.
c.The City shall not issue any permit or grant any land use approval to any
individual or corporation that has not paid all land use-related fines,penalties,permit fees,or
collections due to the City for any previous infraction or criminal violation of Title 4 ofthe
Renton Municipal Code.
3.Provisions ofRMC 1-3-1:Any person violating or failing to comply with any
order made hereunder,shall be guilty of a misdemeanor and punished pursuant to Chapter 1-3-1
ofthe Renton Municipal Code.
4.Remedies Cumulative:All remedies concerning this Title shall be cumulative
and not exclusive.The conviction and punishment of any person hereunder shall not relieve
such person from the responsibility of correcting prohibited conditions or removing prohibited
structures,signs,or improvements,and shall not prevent the enforced correction or removal
thereof
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ORDINANCE NO.5153
5.Recovery of Costs:Where any action or activity is required to be taken by a
person under the provisions ofthis Title,the City Administration may direct that in default of its
being done by the responsible party,such action or activity shall be done at the expense of the
party in default and the City may recover the expenses.
SECTION vm.New Sections 4-1-110.C,D,E,and F of Chapter 1,Administration
and Enforcement,of Title IV,Development Regulations,of Ordinance No.4260 entitled "Code
of General Ordinances of the City ofRenton,Washington';are hereby added,to read as follows:
C.INITIATION OF PROCEEDINGS AGAINST VIOLATION:
1.The City may initiate proceedings to revoke or modify any permit or land use
approval it has issued;
2.An aggrieved party may file a request for the City to initiate revocation or
modification proceedings,or suspend a permit,or land use approval.
D.AUTHORITY TO REVOKE OR MODIFY A PERMIT OR LAND USE APPROVAL:
Authority to revoke or modify a permit or land use approval shall be exercised by the
approving body,as follows:
1.The City Council,after a recommendation from the Hearing Examiner,may
revoke,modify,or refuse to grant any preliminary subdivision,zone reclassification or other
approval issued by the Councilor Hearing Examiner.
2.The PlanninglBuildinglPublic Works Administrator may,for cause,revoke or
modify any permit or other land use approval issued by the Administrator.
3.For purposes ofthis Section,cause to revoke or modify a permit or land use
approval shall mean that the permit or land use approval was obtained by fraud or by providing
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ORDINANCE NO.5153
inaccurate,incomplete,or misleading information where the person holding the permit fails to
perform a condition precedent or subsequent to the granting ofthe permit or land use approval.
E.CRITERIA FOR PERMIT SUSPENSION,REVOCATION OR MODIFICATION:
Any permit,or other land use approval issued by the City pursuant to this Title may be
suspended,revoked or modified on one or more ofthe following grounds:
1.The approval was obtained by fraud;
2.The approval was based upon inaccurate,incomplete or misleading information
provided by the applicant;
3.The holder ofthe permit or approval interferes with the Administrator or any
authorized representative in the performance ofhis or her duties related to the permit or
approval;or
4.The holder ofthe permit or approval fails to comply with any notice and order
issued pursuant to code compliance regulations.
5.The holder ofthe permit or approval fails to comply with the condition precedent
or subsequent to the granting ofthe permit or land use approval.
F.APPEALS:
See RMC 4-8-110 for appeal process.
SECTION IX.Sections 4-1-140.0 and E of Chapter 1,Administration and
Enforcement,of Title IV,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"are hereby amended,to read as follows:
D.DEMOLITION PERMIT FEE:$15.00
E.STATE BUllDING CODE FEE:
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ORDINANCE NO.5153
A state building fee of$4.50 shall be charged to all projects requiring a building permit
as well as an additional $2.00 for each unit of multi-family.
SECTION X.A new Section,4-1-140.P,of Chapter 1,Administration and
Enforcement,of Title N,Development Regulations,of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby added,to read as follows:
P.REFUND OF BUILDING DMSION FEES:
1.Authority to refund fees.The Development Services Director may authorize the
refunding ofany fees paid hereunder which was erroneously paid or collected.
2.Amount Refunded.
a.Permit Fee.Due to the City's cost in screening,accepting,and initial
processing of land use applications the Development Services Director may authorize the
refunding of not more than eight (80)percent ofthe permit fee paid when no substantial work
has been done under a pennit issued in accordance with this Code.
b.Plan Review Fee.Due to the City's cost in screening,accepting,and
initial processing of land use applications the Development Services Director may authorize the
refunding of not more than eighty (80)percent ofthe plan review fee paid when an applicant for
a permit for which a plan review fee has been paid is withdrawn or cancelled before any
substantial plan review effort has been expended.
3.Method of Obtaining Refund and Time Limit.The Development Services
Director shall not authorize the refunding of any fee paid except upon written application filed
by the original permittee not later than one hundred eighty (180)days after the date of the fee
payment.
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SECTION XI.
ORDINANCE NO.5153
Section 4-1-170.A of Chapter 1,Administration and Enforcement,
of Title N,Development Regulations,of Ordinance No.4260 entitled ~~Code of General
Ordinances ofthe City ofRenton,Washington"is hereby amended,to read as follows:
A.APPLICATION TYPE:FEE AMOUNT:
Annexation Expense for postage
Appeal ofHearing Examiner's Decision,Administrative
Decision,or Environmental Decision $75.00
Binding Site Plan $1,000.00
Comprehensive Plan
Amendment $1,000.00
Conditional Approval Permit:
Hearing Examiner Review $500.00
Administrative Review $250.00
Conditional Use Permit:
Hearing Examiner Review $2,000.00
Administrative Review $1,000.00
Environmental Impact StatementlDraft and Final 100%of costs of
coordination,review and
appeals l
lWhen the City is the lead agency for a proposal requiring an Environmental Impact
Statement (EIS)and the Environmental Review Committee (ERC)determines that the
EIS shall be prepared,the City may charge and collect a reasonable fee from any
applicant to cover costs incurred by the City in preparing the E1S.The ERC shall advise
the applicant(s)ofthe projected costs for the EIS prior to actual preparation;the applicant
shall post bond or otherwise ensure payment of such costs.The ERC may determine that
the City will contract directly with a consultant for preparation of an EIS,or a portion of
the EIS,and may bill such costs and expenses directly to the applicant.Such consultants
shall be selected by mutual agreement ofthe City and applicant after a call for proposals.
Ifa proposal is modified so that an EIS is no longer required,the ERC shall refund any
fees collected under this subsection which remain after incurred costs are paid.The City
may collect a reasonable fee from an applicant to cover the cost of meeting the public
notice requirements ofthis Title relating to the applicant's proposal.The City shall not
collect a fee for performing its duties as a consuhed agency.The City may charge any
person for copies of any document prepared under this Title,and for mailing the
document,in a manner provided by chapter 42.17 RCW.
Environmental Checklist:
Less than $100,000 project value $400.00
$100,000 or more project value $1,000.00
Environmental review/sensitive lands or lands covered by
water,except minor residential additions or modifications $1,000.00
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ORDINANCE NO.5153
Fence Pennit (special)$100.00
Grading and Filling Permit $2,000.00
Hobby Kennel License (one time fee)$20.00
Lot Line Adjustment $450.00
ManufacturedIMobile Home Park:
Tentative $500.00
Preliminary $2,000.00
Final $1,000.00
Open Space Classification Request $30.00
Plats:
Short Plat $1,000.00
Preliminary Plat $2,000.00
Final Plat $1,000.00
Planned Urban Development:
Preliminary Plan $2,000.00
Final Plan $1,000.00
Rezone:
Less than 10 acres $2,000.00
10 to 20 acres $3,000.00
More than 20 acres $4,000.00
Routine Vegetation Management Permit $75.00
Shoreline Substantial Development Permit:
Under $100,000 value $500.00
$100,000 or more value $1,000.00
Site Development Plan (Site Plan or Master Plan):
Hearing Examiner Review $2,000.00
Administrative Review $1,000.00
Special Permit $2,000.00
Temporary Permit $100.00
Temporary Permit Sign Deposit (refundable)$25.00
Variance -Administrative $100.00
Variance -Planning/BuildinglPublic
Works Administrator or Hearing Examiner $500.00
Waiver $100.00
SECTIONXIL Chapter 4-1-180,Public Works Fees,of Chapter 1,Administration
and Enforcement,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:
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ORDINANCE NO.5153
4-1-180 PUBLIC WORKS FEES:
A.FRANCmSE PERMIT FEES:
Unless otherwise specified in a franchise agreement,the fee shall be due and payable at or
prior to the time of construction permit issuance.If a franchise agreement does not specify the
fee amount,the generic fee,as identified in the following table shall be collected.A bond as
stipulated in RMC 9-10-5,Street Excavation Bond,is also required.
Small work,including trenching less than sixty
(60)linear feet or installation of six (6)or less
utilit oles
All other work
$50.00
$50.00 plus $40.00 per hour of
ins ection
B.LATECOMER'S AGREEMENT APPLICATION FEES:
The processing fee is due at the time ofapplication.The administration and collection
fee is deducted from each individual latecomer fee payment and the balance forwarded to the
holder ofthe latecomer's agreement pursuant to RMC 9-5-9,Tender ofFee.
Processing fee (Nonrefundable)
Latecomer's Agreement -Administration and
collection fee
13
$500.00 if amount covered by latecomer's is
$20,000.00 or less
$1,000.00 if amount covered by
latecomer's is between $20,000.00 and
$100,000.00
$2,000.00 if amount covered by latecomer's
is greater than $100,000.00
15%oftotal amount to be collected if
amount covered by latecomer is $20,000.00
or less;
10%if amount covered by latecomer is
between $20,000.00 and $100,000.00;
5%if amount covered by latecomer is
greater than $100,000.00;
ORDINANCE NO.5153
C.PUBLIC WORKS CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS
FACILITIES:
Owners of properties to which improvements are being proposed that have not been assessed
or charged an equitable share of the cost of public works facilities,such as water systems,
sanitary sewer systems,storm water drainage systems,and street improvements including
signalization and lighting,shall be subject to one or more ofthe charges listed in the following
subsections.Any fees triggered by improvements or development,as detailed in this section,are
due and payable at the first ofthe following instances:Prior to the issuance of a Public Works
Construction Permit;or prior to the recording of a single family residential plat or single family
residential short plat;or prior to the issuance of a building permit.All ofthe following charges
shall be paid into the Waterworks Utility Construction Fund except that any fees collected under
a private Latecomer's Agreement shall be passed on to the holder ofthe agreement with the
appropriate fees paid to the general fund.For the purposes ofthis section the terms property(ies)
or parcel(s)shall mean a lot which is part of a subdivision recorded in the office ofthe County
Assessor,or a lot or parcel described by metes and bounds or aliquot parts,the description of
which has been so recorded in conformance with all applicable regulations in effect at the time of
recording.
1.Private Held Latecomer's Fees and Special Assessment District (formerly
known as City held Latecomer's)Fees:
a.Applicability ofPrivate Held Latecomer's Fee:The City has the
discretionary power,as detailed in chapter 9-5 RMC,to grant latecomer's
agreements to developers and owners for the reimbursement of a pro rata portion
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ORDINANCE NO.5153
of public works facilities (water systems,sanitary sewer systems,storm water
drainage systems,and street improvements including signalization and lighting)
they install and turn over to the City.
b.Applicability of Special Assessment District Fee:The special assessment
charge is a fee that enables the City to recover a pro rata portion ofthe original
costs of public works improvements (water systems,sanitary sewer systems,
storm water drainage systems,and street improvements including signalization
and lighting)from the owners of property who would benefit from future
connections to,or future users of,improvements to the City's infrastructure that
were not installed by LIDs or by a private developer under a latecomer agreement.
The imposition,collection,payment and other specifics concerning these charges
are detailed in chapter 9-16 RMC,Special Assessment Districts.Interest may be
charged pursuant to RMC 9-16-6,Payments to City.
c.Segregation ofLatecomer's or Special Assessment District Fees:
1.Segregation ofFees:The City may grant segregation of private
developer latecomer's fees or special assessment district fees on large
parcels ofland per Subsection (C)(3)below.
u.Relief Due to Two (2)Similar Facilities:The
PlanninglBuilding/Public Works Administrator will consider relieving a
parcel ofa latecomer's or special assessment district fee/assessment ifthe
property has a benefit from either (but not both)of two (2)similar
facilities.The PlanninglBuildinglPublic Works Administrator will make
the decision based on engineering and policy decisions as to which
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ORDINANCE NO.5153
facility(s)benefit and/or are utilized by the parcel.The assessment due
would be that associated with the utilized facility.Ifthere are no sound
engineering or policy reasons that indicate one facility over the other,the
City shall give the applicant the choice of facilities to utilize.
111.Relief Due to Future Subdivision:At the time the latecomer's
agreement or special assessment district is formed,and as a condition of
the latecomer's agreement or special assessment district,the City may
require that the assessment against a parcel be divided such that a single
family residential connection will be assessed based upon the size of a
typical single family residential lot in that area.The remainder ofthe cost
attributed to said site will be due at such time as the parcel develops
further either by subdivision or increased density.In the case ofa special
assessment district,interest will continue to accrue on the remaining
portion ofthe assessment.
IV.Reallocation ofAssessment Due to Subdivision ofProperty:The
PlanninglBuildinglPublic Works Administrator will consider reallocation
ofthe latecomer's assessment or the special assessment if a property is
subdivided for any purpose other than single family use.Reallocation
may be granted based upon front footage,area,or other equitable means.
Consideration may be given to adjusting the assessment between the new
parcels,based upon value ofbenefit from the improvements,such that two
(2)similar parcels may pay different amounts because one receives more
benefit.
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ORDINANCE NO.5153
2.System Development Charges (SDC)-Water,Wastewater,and Surface Water:
The City may hold and charge certain other fees similar to special assessment district
charges,which are commonly referred to as "system development charges."
a.Applicability of System Development Charge:The system development
charge is hereby imposed against properties and,by inference,the owners of said
properties which have not been assessed or charged or borne an equitable share of
the cost ofthe City's utility systems.Said property owner(s)shall pay,prior to
connection to or benefit from a City utility or utility facility,the system
development charge associated with that utility as detailed in the fees table in
subsection (C)(2)(b)ofthis section.A parcel may benefit from a City utility
system during the development or redevelopment of the property with or without
a connection to an established facility.Therefore,the system development charge
for a utility may be triggered without a physical connection to an existing facility.
1.Development of a utility system shall mean:
•Development of the Sanitary Sewer System,including but not
limited to lift stations,force mains,interceptors and other sewer
collection mains.
•Development ofthe surface water system,including but not limited
to retention/detention or water quality facilities,flood hazard
reduction improvement~lift stations,force mains,interceptors,
and other surface water collection and conveyance systems.
•Development ofthe Water System,including but not limited to
wells,pump stations,reservoirs and transmission mains.
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ORDINANCE NO.5153
ii.The phrase "properties,which have not been assessed or charged
or borne an equitable share ofthe cost ofthe utility,"as used in this
Section,shall mean any of the following:
•First Time Service Connection or Benefit:Any property which has
not paid a system development charge for the property based upon
the total square footage ofthe property and which is connecting to
or benefiting from a Renton utility system for the first time
(including but not limited to new construction,conversion from
private well,or conversion from septic system).
•Further Subdivision:Any property which has not paid a system
development charge for the property based upon the total square
footage ofthe property and is served or benefited by the utility and
is subdividing further.However,single family usage shall receive
a credit for the existing single family residence(s).
For example,a five (5)acre parcel with an existing single family
house is being subdivided for single family lots.Ifthe existing house is
connected to the City sewer and water systems,the development would
get credit for one single family system development charge for sanitary
sewer,storm water,and water.Ifthe existing house was not connected to
the City sewer system,the development would get credit for one single
family system development charge for storm water and water.
A property subdividing further for single family usage that
receives a credit for existing single family residence(s)shall not qualify
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ORDINANCE NO.5153
for prorating ofthe system development charge under subsection
(C)(2)(c).
•Existing Developments -Water and/or Sanitary Sewer:Property
that was developed before the effective date ofthe frrst
development charge ordinances for water and sanitary sewer in
1974 is exempted from the connection charge(s)for water and
sanitary sewer.Any rebuilding,change in use or additions to
exempted property that does not require additional water usage
such that a fire hydrant,additional meter,or larger meter is
necessary will not trigger a new system development charge.
However,except as provided herein,when property is redeveloped
or the use changed or intensified such that larger or additional
water meter(s)or the addition ofa fire hydrant is necessary,
application(s)for these items will trigger the system development
charge(s).An application for the installation of a meter(s)solely
for the purpose ofeither irrigation or fire protection or the
installation of a fire hydrant will trigger a system development
charge for water.An application for an additional or a larger water
meter(s)for any purpose other than solely for irrigation or fire
protection will trigger a system development charge for both water
and sewer.
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ORDINANCE NO.5153
b.Exceptions:
i.The addition ofan irrigation meter only for an existing single-
family residential dwelling will not trigger a system development charge
for water or sewer.
ii.If an existing single family residence is being remodeled or
rebuilt and remains a single family residence on the same lot (not involved
in a new plat,short plat,or lot line adjustment),the addition of a larger or
additional meter will not trigger the system development charges for water
or sewer.
iii.The addition of a second meter to an existing duplex in order to
divide consumption for billing purposes will not trigger a system
development charge.
iv.Existing Developments -Surface Water:
(a)Property that was developed before the effective date of
the first development charge ordinances for surface (stonn)water in 1992
is exempted from the surface water system development charge.The
addition of any new impervious surface to exempted properties will
require payment ofthe system development charge for surface water for
the additional new impervious area only.If an exempted property is
making a connection for the first time to a surface water system,it will
require payment ofthe system development charge for surface water only
for the impervious area tributary to the point of connection.Any
rebuilding,change in use or additions to exempted property that does not
20
ORDINANCE NO.5153
create additional impervious surface area or does not cause a first time
connection to be made will not require payment ofthe system
development charge for surface water.
(b)Exceptions:Improvements to existing single family residential
units such as additions that are less than 500 square feet,decks,small
sheds and other minor improvements are exempt from the system
development charge for surface water unless a new connection to the
Renton surface water utility collection system is proposed or required as
part ofthe permit application.
c.System Development Charge Table:
21
ORDlNANCENO.5153
Single family $1,525.00 per $900.00 per $715.00 per
residence dwellin unit dwellin unit dwellin unit
Mobile/Manufactured $1,220.00 per $720.00 per $715.00 per
Homes located in a dwelling unit dwelling unit dwelling unit
mobile home or
manufactured home
ark
Multi-family $915.00 per dwelling $540.00 per $0.249 per
(in all zones except unit,(auxiliary dwelling unit,square foot of
CD and COR zones)buildings like club (auxiliary buildings new
houses are considered like club houses are ·.ImpervIOUS
inclusive to the considered inclusive surfacing,but
development and are to the development not less than
not counted as a and are not counted $715.00
dwelling unit and are as a dwelling unit
thus not included in and are thus not
the calculation ofthe included in the
fee)calculation ofthe
fee
Mixed Use Mixed use buildings Mixed use buildings $0.249 per
(in all zones except with over 50%floor with over 50%floor square foot of
CD and COR zones)space used for space used for new
residential shall be residential shall be ·.ImpervIOUS
assessed at the rate assessed at the rate surface,but
$915.00 per dwelling of $540.00 per not less than
unit dwellin unit $715.00
CD and COR zones $0.213 per gross $0.126 per gross $0.249 per
square foot of square foot of square foot of
property,but not less property,but not less new
than $1,525.00 than $900.00 impervious
surface,but
not less than
$715.00
All other uses $0.213 per gross $0.126 per gross $0.249 per
square foot of square foot of square foot of
property,but not less property,but not less new
than $1,525.00 than $900.00 ·.Impervious
surface,but
not less than
$715.00
22
ORDINANCE NO.5153
d.Prorating the System Development Charge for Redevelopment of
Property:An option exists for prorating the system development charge(s)for
property which has not previously paid a charge in full.Any parcel that currently
has water or sanitary sewer service is eligible for a prorated system development
charge for the associated utility.
1.Prorating based upon meter sizes:The prorated system
development charge will be based upon the capacity ofthe new meters as
compared to the capacity ofthe existing meters.
Meters installed solely for fire protection,either existing or
proposed are not included in the calculation for water or sanitary sewer.If
there is an additional or larger meter solely for fire flow or additional
hydrants required for the proposed development,please refer also to sub-
section c.ii,below.Meters installed solely for irrigation (either existing or
proposed)are not included in the calculation for sanitary sewer.
This prorated redevelopment charge is calculated using the
following formula:
[proposed meter(s)capacity in gallons per minute (GPM)-
Existing meter(s)capacity in GPM]/[proposed meter(s)capacity in
GPM]x [SDC Fee]=Amount owed.
The City will determine the safe maximum operating capacities of
all meter sizes using American Water Worl,s Association tables (see
below).The fee paid shall be posted in the City's database and applied to
the total system development charge applicable for the parcel.
23
ORDINANCE NO.5153
Reduction in meter capacity shall not result in a payment from the
City to the applicant.
WATER METER EQUIVALENCIES for purposes of calculating redevelopment
credit:
5/8
5/8 x 3/4
3/4
1
1-1/2
2
3
4
6
8
10
12
20
20
20
30
50
100
160
300
500
1000
1600
2300
3375
8250
11.Prorating the System Development Charge for Fire Protection
Improvements Associated with Redevelopment ofProperty:
Installation of a water meter solely for a fire protection system,such as a new hydrant or
fire sprinkler system shall be charged a fee equal to thirty percent (300.10)ofthe system
development charge applicable to the portion ofthe parcel containing the improvements for
which the fire protection system is constructed to serve.Thirty percent (300.10)is the amount the
water utility has expended throughout its system for fire flow protection.This fee shall be posted
to the City's database and applied as a partial payment to the total system development charge
applicable for the parcel.
For the purposes ofthis section,"portion ofthe parcel containing the improvements for
which the fire protection system is constructed to serve"shall be described as:
24
ORDINANCE NO.5153
The smaller area of either the total square footage ofthe property or the square
footage ofthe property designated by a line drawn twenty (20)feet around the footprint
ofthe building being served by the meter installed for fire protection.
The smaller area of either the total square footage ofthe property or the square
footage of the property designated by a line drawn twenty (20)feet around the footprint
of the building(s)which by their construction,reconstruction or improvement triggered
the need for the new fire hydrant(s).
"Footprint"shall include the primary building plus ancillary structures such as garages,
carports,sheds,etc.that are considered by the Fire Department when calculating fire flow
requirements.In the case of multiple improvements,overlapping areas shall only be counted
once.
Ifthe "portion ofthe parcel containing the improvements for which the fire protection
system is constructed to serve"is eighty percent (8()oJO)ofthe parcel or more,then the thirty
percent (30%)shall be calculated on the total square footage of the property.
Ifa project both increases water meter capacity and installs a fire protection system,the
total of both prorated system development fees (subsections i and ii)would be charged.Payment
of said fees would be posted in the City's database and applied to the total system development
charge applicable for the parcel.In no case shall the total of the prorated system development
charge(s)be more than the total system development charge applicable for the parcel.
Installation ofa water meter solely for a fire protection system shall not trigger a sewer
system development fee.
25
ORDINANCE NO.5153
111.Prorating the System Development Charge for installation
of an Irrigation Meter only:
When a water meter is installed solely for the purpose of providing
irrigation water for private landscaping (exempt meter),there will be
charged a fee equal to ten percent (100.10)ofthe water system development
charge applicable to the property.Said fee shall be nonrefundable,and
nontransferable (from one portion of the property to another).Payment of
said fee would be posted in the City's database and applied to the total
system development charge applicable for the parcel.At the applicant's
option,the full water system development charge may be paid instead of
theten percent (10%)payment described herein.
lV.Examples:
Example 1:A redevelopment project that involves a change
from a single family home on a ten thousand (10,000)square foot lot with
a five-eighths inch by three-quarter inch meter (5/8"x 314",a standard
single family meter)that has a safe operating capacity oftwenty (20)
gallons per minute (GPM),to a commercial usage with a one and one-half
inch (1-112")meter with a safe operating capacity of one hundred (100)
GPM can apply to pay for the following prorated charges:
(toO GPM -20 GPM)I (too GPM)=0.8
For water:0.8 x (10,000 sq.ft.x $0.213/sq.ft.)=$1,704.00
For sewer:0.8 x (10,000 sq.ft.x $0.126/sq.ft.)=$1,008.00
26
ORDINANCE NO.5153
Without the redevelopment credit,this project would have paid
$0.213/sq.ft.x 10,000 sq.ft.=$2,130.00 for water and paid $0.I 26/sq.ft.
x 10,000 sq.ft.=$1,260.00 for sewer.
Example 2:A property owner is planning to redevelop a half acre
parcel that includes a single family home with a five-eighths inch by three-
quarter inch meter (5/8"x 314",a standard single family meter)that has a
safe operating capacity oftwenty (20)GPM.The new development will
be an eight (8)unit multi-family dwelling with a two inch (2")meter with
a safe operating capacity of one hundred sixty (160)GPM,a three-quarter
inch (3/4")irrigation meter with a safe operating capacity ofthirty (30)
GPM,and a four inch (4")meter for fire sprinklers.The property owner
can apply to pay the following prorated charges:
For water:Based on meters (160 GPM +30 GPM -20 GPM)I
(160 GPM +30 GPM)=89.5%
Based on fir~service =300!.l
Total =119.5%
Therefore,100%ofthe water system development charge would be due.
8 units x $915.00 I unit =$7,320.00
For sewer:based on meters -irrigation meter excluded (160 GPM -20
GPM)I (160 GPM)=87.5%
Therefore,87.5%ofthe sewer system development charge would be due.
87.5%x 8 units x $540.00 I unit =$3,780.00
Without the redevelopment credit,this project would have paid $540.00 I
unit x 8 units =$4,320.00.
27
ORDINANCE NO.5153
d.Exemptions to System Development Charge:
1.Installation ofan Irrigation Meter Solely for the Purpose of
Providing Irrigation Water to City Right-of-way:Installation of a water
meter solely for the purpose of providing irrigation water to City right-of-
way is exempted from the System Development Charge.
11.Exemption for City-Owned Property:No system development
charge will be collected on City-owned properties.The benefits to the
utility from the use ofother City properties such as utility easements,lift
stations and other benefits offset the amount ofthe system development
charge.
lll.Limited Exemptions for Municipal Corporations:A limited
exemption to the system development charge will be granted to municipal
corporations for portions of property subject to the system development
charge to the extent that those specific areas are available and maintained
at all times for public use (e.g.,ballfields adjacent to a school building)
and shall be segregated from the fee determination as herein provided.In
applying this exemption,to the extent possible,a single straight line shall
be drawn across the property separating the exempt property from the
property to be charged.Ifa single straight line would not achieve
substantial equity,then additional lines may be drawn to include
substantial open space areas in the exemption.For purposes of this
exemption,substantial open space areas shall be at least one hundred
28
ORDINANCE NO.5153
thousand (100,000)square feet in area.Lines shall not be drawn closer
than fifteen feet (15')to any structure.
•Nonexempt Areas:Parking lots,driveways,walkways,similar areas
and required landscape areas shall not be part ofthe exempt area.
•Administrative Fees:The applicant shall pay the City's administrative
costs for the preparation,processing and recording the segregated fee.
At the time of application for system development charge segregation
the applicant shall pay the administrative fee of seven hundred fifty
dollars ($750.00).
•Restrictive Covenants:The exemption must be memorialized by
means of a restrictive covenant running with the land.Should the
property exempted under this Section later develop,then that property
shall pay the system development charge in place at the time of
development.
•Interpretation of Partial Payment:The Administrator of the
PlanninglBuildinglPublic Works Department shall make the final
decision on the application and/or interpretation ofthis limited
exemption and the achievement of substantial equity.
IV.Exemption for Undevelopable Critical Area(s)and Undevelopable
Major Easement(s):When calculating the area to be charged the system
development charge,undevelopable critical areas (per RMC 4-11-030)
and undevelopable major easements within the property shall not be
included in the square footage for the calculation of the charge.It is the
29
ORDINANCE NO.5153
responsibility ofthe property owner or applicant to submit a study
determining and classifying the critical area.The property owner or
applicant shall submit a legal description ofany easement(s)or critical
area(s)so that these portions ofthe property can be exempted from the
development charge(s).
The intent ofthis exemption is to not charge property that is
undevelopable.Ifthe property is used or can be used to satisfy any
condition ofthe development such as parking or landscaping,it shall be
considered developed and does not meet the qualifications ofthis
exemption.
v.Exemption Credit for Regional Improvements:Ifan applicant's
project proposes to solve a regional drainage problem,over and above the
requirements to mitigate their project's impacts,the value ofthe additional
improvement shall be credited toward the surface water system
development charges due.The applicant must provide the Administrator
ofthe Department ofPlanninglBuilding/Public Works with the costs ofthe
drainage improvements and a suggested method of calculating the costs
due to the extra work done to solve a regional drainage problem.The
Administrator will make the final decision as to whether or not the
applicant's project solves a regional drainage problem and the amount of
any credit,ifapplicable.In no instance shan the credit duplicate a
latecomer's agreement such that the applicant will be paid twice,nor may
30
ORDINANCE NO.5153
the credit against the connection charge exceed the connection charge (Le.,
no payment to the applicant under this Section).
VI.Surface Water Exemption for Infiltration Facility:Developments
which infiltrate or contain on site one hundred percent (100010)ofthe on-
site storm water runoff volume from a one hundred (100)year storm are
exempt from the surface water system development charge.For the
application ofthis credit,the owner/developer must use the current design
criteria to show that the infiltration facility will infiltrate all ofthe volume
ofmnoffproduced from the site during the one hundred (100)year storm.
Ifa development that is granted an exemption under this section
discharges water oflSite during a hundred year storm or less,the
development shall be required to make corrections or improvements to the
onsite system such that it will infiltrate up to the hundred year storm.If,
in the future,the development can no longer inftltrate one hundred percent
(100010)ofthe on-site storm water mnofffrom a one hundred (100)year
storm,the systems development charge shall be due and payable as a
condition ofthe connection to or utilization ofthe City's storm water
system.
Nothing in this section shall relieve the property owner(s)from
complying with the City's current flow control and water quality treatment
standards at the time the development converts from one-hundred percent
(100%)infiltration to use ofthe City storm system.When a development
is converted from one hundred percent (100%)infiltration to use ofthe
31
ORDINANCE NO.5153
City storm system,the storm water management standards used shall
consider the existing conditions prior to the property being developed
under the one hundred percent (100%)infiltration exemption and the
developed conditions at the time the conversion is made.
There may be certain conditions or locations within the City that
partially or completely preclude the use of infiltration facilities.Ifa
current or future code or standard prohibits or limits the use of infiltration
facilities to any level below the one hundred (100)year storm,the
development will not qualify for this exemption.
3.Segregation Criteria and Rules:
Except for parcels or units being developed for single family use,the ability exists
for the segregation of system development,special assessment district,and latecomer's
charges ifthere is partial development ofa large parcel of property.This segregation
shall be based on the following criteria and rules:
a.Segregation by Plat or Short Plat:Charges shall be determined on the
basis ofthe specific platted properties being developed regardless ofthe parcel
size.Unplatted or large-platted parcels may be platted or short-platted prior to
development,in which case the system development charge will be applied to the
specific platted lots being developed.
b.Segregation by Administrative Determination:For the partial
development of a large tract of property,the owner may apply for a segregation of
the system development,special assessment district,and latecomer's charge(s)for
the specific portion ofthe property to be developed.The burden of establishing
32
ORDINANCE NO.5153
the segregation by legal description,number ofunits,and map would be on the
party owing the fee and not the City.The following criteria shall determine the
segregation of fees:
1.Applicability:This provision shall apply to all developments with
the exception of single family residential and mobile home developments.
When a parcel is segregated by administrative determination,prorating of
the system development charge for redevelopment shall not be allowed.
ii.Segregation ofFees:The segregation offees shall be by formal,
written agreement,including a legal description approved by the City,
which shall be recorded as a restrictive covenant running with the land.
The restrictive covenant shall list the percentage ofthe system
development charge fee that has been paid for the property.The applicant
shall also include a detailed plan,drafted to current adopted City
standards,ofthe proposed development,which shall include the proposed
boundary line,as described in the legal description,for the system
development charge determination.
111.Segregated Areas:Minimum size of area segregated for
determination and payment of system development charge(s)shall be two
(2)acres.The segregated area shall include,but not be limited to,all
contiguous existing developed land for which the system development
charge(s)have not been paid;all proposed buildings;driveways and
sidewalks;parking areas;grass and landscape areas;public access areas;
storm drainage facilities and detention ponds;and improvements required
33
ORDINANCE NO.5153
for mitigation of environmental impacts under the State Environmental
Policy Act (SEPA).The boundary line for the segregation of system
development charge shall be established by survey and legal description
and shall not be closer than fifteen feet (15')to any structure.
IV.Remnant Parcel:Minimum size of the remnant parcel of
undeveloped property for which the system development charge is
deferred shall be two (2)acres.Should the property partially paid for
under this Section later develop,then that property shall pay the system
development charge fee in place at the time of development.Should the
property partially paid for under this Section later be subdivided,then the
partial payment credit shall run with the subdivided lots.The burden of
establishing that the partial payment has been made would be on the party
potentially owing the fee and not on the City.
v.Determination of Charge:The system development charge shall
be determined on the basis ofthe percentage of a property that is
developed (existing development plus proposed development).When a
proposed development takes a parcel over the threshold offull
development,or reduces the size ofthe remnant parcel below two acres,as
described in this Section,one-hundred percent (1000.10)ofthe systems
development charge(s)is owed and any balance is due and payable.
VI.Full Development:For the purpose ofthis Code,"full
development"is considered to be sixty percent (60%)property coverage
for multi-family development and eighty percent (80%)property coverage
34
ORDINANCE NO.5153
for commercial,industrial,mixed use,and all other development.
"Property coverage"is defined as the portion ofthe property supporting
buildings,driveways and sidewalks,parking areas,grass and landscape
areas,public access areas,storm drainage facilities and detention ponds,
and improvements required for mitigation of environmental impacts under
the State Environmental Policy Act (SEPA).
Vll.Developed Area:The "developed area"shall include,but not be
limited to,all contiguous existing developed land for which the system
development charges have not been paid:all existing and proposed
buildings,driveways and sidewalks,parking areas,grass and landscape
areas,public access areas,storm drainage facilities and detention ponds,
and improvements required for mitigation of environmental impacts.
V111.Administrative Fees:The applicant shall pay the City's
administrative costs for the preparation,processing and recording ofthe
partial payment ofthe fee(s).At the time of application for system
development charge partial payment the applicant shall pay the
administrative fee of seven hundred fifty dollars ($750.00)for each
segregation.Ifthe same segregation is used for more than one utility's
system development charge,then only one administrative fee is collected.
IX.Interpretation:The Administrator ofthe PlanninglBuildinglPublic
Works Department shall make the final decision on interpretation ofthe
partial payment of system development charges.
35
ORDINANCE NO.5153
D.PUBLIC WORKS CONSTRUCTION PERMIT FEES:
The following public works construction permit fees,utility permit fees,and
miscellaneous charges are payable at or prior to the time of construction permit issuance.
1.Water Construction Permit Fees:
Water meter tests for 3/4"to 2"meter
Water meter tests for meters eater than 2"
Open and close fire hydrants for fire flow tests
conducted bothers
Installation fees for rin and cover castin s
Service size reductions
Water service disconnection (cut at main)
Meter resets
Re air of damaoe to service
Water main connections
$40.00
Time and materials cost
Time and materials
$200.00
$50.00
$250.00
$50.00
$50.00
$400.00
Water main cut and ca
Water uality/ins ection/uri
S ecial water tests lead,co
Water turn ons/oft's after hours
Installation of isolation valve
New water line chlorination fee
Miscellaneous water installation fees
36
$1,000.00
$40.00 each
Cost oftest Ius $40.00 fee
$120.00
Time and materials $2,000.00 de sit
$250.00 plus $0.15 per lineal foot for
any footage after the first two hundred
fift 250 lineal feet.
Time and materials
ORDINANCE NO.5153
2.Water Meter Installation Fees -City Installed:The following fees are payable at
the time of application for water meter installation(s).
3/4"meter installed by City within City limits $1,300.00 (full installation of stub
service and meter)
$240.00 (meter drop in)
3/4"meter installed by City outside City limits $1,400.00 (full installation of stub
service and meter)
$240.00 meter dro in
I"meter installed by City $1,400.00 (full installation of stub
service and meter)
$250.00 meter dro in
1-1/2"meter installed by City $2,400.00 (full installation of stub
service and meter)
$300.00 (meter dro in
2"meter installed by City $2,800.00 (full installation of stub
service and meter)
$370.00 (meter dro in
3.Water Meter Processing Fees -Applicant Installed:For meters larger than two
inches (2"),the applicant must provide materials and installs.The City charges a two
hundred dollar ($200.00)processing fee at the time of meter application.
4.Wastewater and Surface Water Construction Permit Fees:
37
ORDINANCE NO.5153
Residential
Commercial
Industrial
Repair of any ofthe above
Cut and Cap /Demolition Permit
Ground Water Discharge (Temporary
connection to sanitary sewer system for
one time discharge of contaminated
ound water to 50,000 allons)
Ground Water Discharge (Temporary
connection to sanitary sewer system for
discharge of contaminated ground
water over 50,000 gallons)
$60.00 each connection
$80.00 each connection
$100.00 each connection
$50.00 each service
$30.00 each service
$150.00
$100.00 +Billed for
current Renton and King
County sewer rate on
discharged amount.(meter
provided by property
owner
$60.00 each
connection
$80.00 each
connection
$100.00 each
connection
$50.00 each
connection
$30.00 each
service
N/A
N/A
5.Work in Right-of-Way -Construction Permit:(Utility and Street/Sidewalk
Improvements):A bond is required,as stipulated in RMC 9-10-5,Street Excavation
Bond.
Less than 35 feet in length
35 to 100 feet in length
Greater than 100 feet in length
38
$30.00
$60.00
$90.00
ORDINANCE NO.5153
Exception:No permit fee shall be charged for individual homeowners for work in
street rights-of-way for street tree or parking strip irrigation systems.
6.Street Light System Fee:All new installations of street lighting facilities shall incur a
fee of five hundred dollars ($500.00)per connection to the power system,payable at or
prior to the time of construction permit issuance.
E.PUBLIC WORKS PLAN REVIEW AND INSPECTION FEES:
All developers,municipal or quasi-municipal entities,or utility corporations or
companies,except those specifically exempted,shall pay fees under this Section.Exempted
entities include City-franchised cable TV,cable modem,natural gas,telecommunications,and
electrical power.Half ofthis fee must be paid upon application and the remainder when the
permit(s)is issued.There are additional construction permit fees which are also payable upon
issuance.The fee will be based upon percentages ofthe estimated cost of improvements using
the following formula:
$100,000.00 or less
Over $100,000.00 but less than $200,000.00
$200,000.00 and over
F.RELEASE OF EASEMENT FEES:
5%of cost
$5,000.00,plus 4%of cost over
$100,000.00
$9,000.00,plus 3%of cost $200,000.00
and over
The imposition,collection,payment and other specifics concerning this charge are
detailed in chapter 9-1 RMC,Easements.
39
Filin fee
ORDINANCE NO.5153
$250.00 a able attime of a lication
Processing fee
(Paid once Council a roves the release)
$250.00 payable upon Council
a roval ofthe release of easement
G.RIGlIT-OF-WAY USE PERMIT FEES -REVOCABLE PERMITS FOR THE USE OF
EXCESS PUBLIC RIGlIT-OF-WAY:
These fees are payable at the time of application.The imposition,collection,payment and
other specifics concerning this charge are detailed in chapter 9-2 RMC,Excess Right-of-Way
Use.
Single family and two-family uses
All uses without public benefit
Uses with public benefit
$10.00 annually,plus leasehold
excise taxi,if a licable
0.5%per month of property value of
land to be utilized,plus leasehold
excise taxi,if applicable.Payable
early in advance.
0.5%per year of assessed value of
land adjoining the property,plus
leasehold excise taxi,if applicable.In
no case less than ten dollars ($10.00).
Pa able earl in advance.
There is hereby imposed a leasehold excise tax against fees so determined which are two
hundred fifty dollars ($250.00)per annum or more.Such tax shall be imposed at the rate as
established by the State ofWashington,Department ofRevenue.
2 Right-of-way value shall be based on the assessed value ofthe land adjoining the property as
established by the King County Assessor.
Insurance Required:Public liability and property damage insurance is also required pursuant to
RMC 9-2-5B,Minimum Permit Requirements for Excess Right-of-Way Use.
40
ORDINANCE NO.5153
Exception for Public Agencies:A no fee permit may be issued only when the applicant is a
public agency and when the proposed use ofthe right-of-way provides a direct service to the
public (e.g.,METRO applications for right-of-way for bus shelters).
H.STREET AND ALLEY VACATION FEES:
The imposition,collection,payment and other specifics concerning this charge are
detailed in chapter 9-14 RMC,Vacations.
Filin fee
Processing and completion fee
$250.00 a able at time of a lication
$250.00 payable upon Council approval of
the vacation
I.TEMPORARY UTILITY CONNECTION FEES:
Temporary connections to a City
utility system may be granted for
a one-time,temporary,short-term
use of a portion ofthe property
for a period not to exceed three
(3)consecutive years
Annual fee equal to ten percent
(10%)ofthe current system
development charge applicable
to that portion ofthe property,
but not less than three hundred
fifty dollars ($350.00)per year l
Annual fee equal to ten
percent (10%)ofthe
current system
development charge
applicable to that
portion of the property,
but not less than seven
hundred fifty dollars
($750.00)er earl
ISaid fee shall be paid annually (nonprorated),and shall be nonrefundable,nontransferable (from
one portion ofthe property to another)and shall not constitute a credit to the system
development charge due at the time of permanent use ofthe utility system.The application for
temporary connection shall consist of a detailed plan and a boundary line ofthe proposed
development service area for use in the fee determination.
SECTIONxm.Chapter 4-1-210,Waived Fees,of Chapter 1,Administration and
Enforcement,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:
41
ORDINANCE NO.5153
4-1-210 WAIVED FEES:
A.GENERAL
The Renton City Council shall,upon stating an equitable or legal reason for waiver,have
the authority to waive any and all fees authorized under this Chapter of Title 4.
B.OWNER-OCCUPIED HOUSING INCENTIVE
To encourage owner-occupied housing in the CD,and RM-U,and RM-T zones,certain
development and mitigation fees for "For Sale"housing may be waived for eligible projects,
subject to City Council approval.Fees which may be waived include building permit fees,utility
system development charges,Public Works plan review and inspection fees,and impact
mitigation fees.Waived fees will be replenished from tax revenues from the projects over time.
The fee waivers apply to multi-family housing projects with four (4)or more dwelling units each
in the CD,RM-U,or RM-T zones.These fee waivers are effective for building permits issued
after August 13,2001,and will sunset on October 1,2007,unless extended by City Council
action.
SECTION XIV.A new Chapter,4-1-230,Sureties and Bonds,of Chapter 1,
Administration and Enforcement,of Title IV,Development Regulations,of Ordinance No.4260
entitled ~'Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby added,to
read as follows:
4-1-230 SURETIES AND BONDS
A.City Approval Required:All sureties posted with the City shall be approved as to form
by the City Attorney and approved by the Administrator as to amount and adequacy.The City's
decision as to the acceptability of the security shall be conclusive.
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ORDINANCE NO.5153
B.Types of Security Accepted for Public Works Construction Permits and Future Public
Works StreetJUtility Maintenance Requirements:
In order to ensure protection of City-owned facilities and ensure completion of required
improvements to City standards,the City requires one ofthe following types of security in
consideration of issuance of a Public Works Construction Permit:
1.Cash,
2.Letter of credit,
3.Set aside letter provided that the funds cannot be withdrawn,spent,or committed to
any third party,
4.Savings account assigned to the City and blocked as to withdrawal by the secured
party without the City's approvaL or
5.Performance or Maintenance Bond.
C.Types of Security Accepted for All Other Purposes:The following security devices are
acceptable for the purposes of deferral requests,occupancy permit requests in advance of
installation of required landscaping or other improvements,critical areas mitigation performance,
and critical areas monitoring/maintenance:
1.Cash,
2.Letter ofcredit,
3.Set aside letter provided that the funds cannot be withdrawn,spent,or committed to
any third party,or
4.·Savings account assigned to the City and blocked as to withdrawal by the secured party
without the City's approval.
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ORDINANCE NO.5153
D.Security Requirements:
1.Payable to City: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.
2.Security Requirement Binding:The requirement ofthe posting of any security shall be
binding on the applicant and the applicant's heirs,successors and assigns.
3.?urP<>se of Security:Security must be unequivocally committed to the project being
secured,and cannot be available for any other purpose.
4.Agreement Required: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 and litigation costs.
5.Effect ofLapse of Security:Any security that,according to its terms,lapses upon a
date certain,will cause the associated city approval (e.g.deferral,Temporary Occupancy Permit,
etc.)to lapse on that same date unless adequate substitute security has been posted prior to the
termination date ofthe prior security.
6.Transfer ofResponsibility:Whenever security has been accepted by the City,then no
release ofthe owner or developer upon that security shall be granted unless a new party has been
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 duly
certified copy ofthe minutes ofthe owners association shall be filed with the City along with the
security to the City.
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ORDINANCE NO.5153
7.City Approval Required Prior to Transfer ofResponsibility:The City shall not be
required to permit a substitution of one party for another on any security ifthe Reviewing
Official feels that the new owner does not provide sufficient security to the City that the
improvements will be installed when required.
8.Default:In the event that improvements are not completed as required or maintenance
is not performed satisfactorily,the Administrator shall notify the applicant/developer,property
owner and guarantor in writing.The notice must state the specific defects that must be remedied
and the date the work shall be completed.
9.Proceeding Against Security:In the event the applicant,developer,property owner,
and/or guarantor fails to complete all improvement work required in compliance with this Title,
and the City shall have to complete the improvements,the City reserves the right,in addition to
all other remedies available to it by law,to proceed against the security for funds necessary to
complete the improvements.Ifthe amount ofsecurity shall be less than the expense incurred by
the City,the applicant,developer,and/or property owner shall be liable to City for the difference.
10.Release of Sureties for Private/On-site Improvements:Sureties for completed or
partially completed private/on-site improvements shall not be released except upon written
approval ofthe Administrator.
11.Release of Sureties for Public Improvements:Sureties for completed or partially
completed public improvements shall not be released except under the following conditions:
a.The developer has submitted a schedule of improvements,the sequence for
completion,and the value of each part ofthe public improvement for which a release of
surety shall be sought.
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ORDINANCE NO.5153
b.Each segment of the public improvement shall be useable by itself without the
completion ofthe remainder ofthe improvement.
c.Each segment ofthe public improvement shall receive final inspection and
·approval of the City before release ofthe surety for that part ofthe improvement.
d.All partial releases on each public improvement shall constitute no more than 100
percent of estimated value ofthe entire completed improvement.
e.All releases of surety shall be approved in writing by the Administrator.
SECTION XV.Section 4-2-030.E of Chapter 2,Zoning Districts -Uses and
Standards,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:
E.DESIGNATION OF SPECIAL ZONING CATEGORIES AND TIME LIMITATIONS:
Properties having a zoning category subject to a time limitation,such as a Planned Urban
Development approval or reversionary zoning,and those properties under contract rezone shall
be specially designated on the Zoning Map to indicate their special nature and give notice to the
public that further inquiry into th~ir zoning status is necessary.
SECTIONXVL The Table Section entitled "Maximum Housing Density"of
Section 4-2-1 10.A,of Chapter 2,Zoning Districts -Uses and Standards,of Title IV
(Development Regulations)ofOrdinance No.4260 entitled "Code ofGeneral Ordinances ofthe
City ofRenton,Washington"is hereby amended to read as follows:
4-2-110.A Development Standards for Single Family Residential Zoning Designations
RC R-l R-4 R-8
Maximum 1 dwelling 1 dwelling 4 dwelling units 8 dwelling
Housing unit per 10 unit per 1 net per 1 net acre13 units per 1 net
DensitY2,14 net acreS acre acre
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SECTION Xvn.
ORDINANCE NO.5153
A new subsection,4-2-11O.D.14,of Chapter 2,Zoning
Districts -Uses and Standards,of Title IV (Development Regulations)of Ordinance No.4260
entitled "Code of General Ordinances ofthe City ofRenton,Washington"is hereby added,to
read as follows:
4-2-110.D
CONDITIONS ASSOCIATED WITH
DEVELOPMENT STANDARDS TABLE FOR
SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS
14.Covenants filed as part of any final plat shall establish that future division of land
within the plat must be consistent with the maximum density requirements as measured within
the plat as a whole as ofthe time of future division.
SECTION Xvm.In Sections 4-2-120.A and B,the subsections entitled
"Special Requirements for Properties Located within the Green River Valley Planning Area"of
Chapter 2,Zoning Districts -Uses and Standards,of Title IV (Development Regulations)of
Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"
are hereby deleted.
SECTION XIX.In Section 4-2-130.A,the subsection entitled "Special
Requirements for Properties Located within the Green River Valley Planning Area,"of Chapter
2,Zoning Districts -Uses and Standards,of Title IV (Development Regulations)of Ordinance
No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby
deleted.
SECTION XX.Section 4-4-040.E.5 of Chapter 4,City-Wide Property
Development Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled
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ORDINANCE NO.5153
"Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as
follows:
5.Special Provisions:Fences for mobile home parks,subdivisions or planned urban
development and for sites which are mined,graded or excavated may vary from these
regulations as provided in the respective code sections.
§ECTION XXL Section 4-4-070.0.6 of Chapter 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 deleted.
SECTION xxn.Subsection 4-6-030.C.l.i of Chapter 6,Street and Utility
Standards,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:
i.Planned urban development;
SECTION XXID.Section 4-7-070.N 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:
N.LIMITATIONS ON FURTHER SUBDMSION
Any land subdivided under the requirements ofthis Section shall not be further divided
for a period offive (5)years without following the procedures for subdivision..Further short
subdivision oflot(s)must be consistent with the then-current applicable maximum density
requirement as measured within the plat as a whole.
SECTION XXIV.Section 4-7-170.C 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:
48
ORDINANCE NO.5153
C.MINIMUM SIZE
The size,shape,and orientation of lots shall meet the minimum area and width
requirements ofthe applicable zoning classification and shall be appropriate for the type of
development and use contemplated.Further subdivision of lots within a plat approved through
the provisions ofthis Chapter must be consistent with the then-current applicable maximum
density requirement as measured within the plat as a whole.
SECTION XXV.Sections 4-7-230.A-H of Chapter 7,Subdivision Regulations,of
Title N (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
A.PURPOSE AND INTENT:
The purpose ofthis 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 1,COR 2,COR 3,UC-NI,UC-N2,IL,1M,and ill through a binding site plan as
authorized in RCW Chapters 58.17 and 64.34.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 RCW Chapter 64.34,and/or planned urban
development process pursuant to RMC 4-9-150.
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ORDINANCE NO.5153
3.Procedural Requirements:To specify the administrative requirements for the review
and approval ofbinding site plans that are in addition to the procedural requirements of
chapter 4~8 RMC and other applicable provisions ofthe City development regulations.
B.APPLICABILITY:
1.All proposals for binding site plans shall be subject to the provisions ofthis Section.
A binding site plan may be processed in one ofthree ways:
a.Standard Binding Site Plan:A standard binding site plan creates or alters existing
lot lines,subject to the development standards ofthe underlying zoning district.
b.Commercial Condominium with Binding Site Plan:Where the development
standards ofthe underlying zoning district cannot be achieved through a binding site
plan,a binding site plan with condominium ownerships allow for greater flexibility in
the sale and lease ofcommercial and industrial 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 ofthe 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 ofthe 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 ofcommercial and industrial
land;
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ORDINANCE NO.5153
b.Merged with a site plan review under RMC 4-9-200,development
agreement under the authority ofRCW 36.70B.170,or both a site plan and
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 ofthe standards and criteria
contained in this Section.PerRCW 36.70B.170through 36.70B.210,a
development agreement shall not be more permissive than the
development standards ofthe 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 non-conforming lots shall not be created through the binding site plan process.
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ORDINANCE NO.5153
2.Ifminimum lot dimensions and building setbacks for each newly created lot cannot
be met,the binding site plan shan be processed as a commercial condominium site
per RMC 4-7-230D 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 ofthe zoning code requirements and development standards ofthe
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.Ifthe site is non-conforming prior to a binding site plan
application,the site shall be brought into conformance with the development
standards ofthe 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 non-conforming 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 ifthey are specifically
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ORDINANCE NO.5153
authorized per RMC 4-4-080.E.3,RMC 4-4-100.E.5,and RMC 4-4-080.17,and
other shared improvements as authorized in other sections ofthe 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 ofthe 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-ways 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 ofdirect 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 ofRMC 4-4-080.E.3,RMC 4-4-100.E.5,and RMC
4-4-080.1.7.Conditions ofuse,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.
9.Future Development.The binding site plan shall contain a provision requiring that
any subsequent development ofthe site shall be in conformance with the approved and
recorded binding site plan.
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ORDINANCE NO.5153
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.
II.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 ofapproval.
D.ADDITIONAL CRITERIA FOR BINDING SITE PLANS PROPOSING COMMERCIAL
CONDOMINIUM SITES OR MERGING WITH PLANNED URBAN DEVELOPMENT
APPLICATION
I.Condominium -Applicability.Where subdivision of a commercial or industrial site
will result in individual lots which cannot meet the development standards ofthe underlying
zoning district,the condominium option allows for the conversion of lease space to
condominiums without further subdivision of land.These standards are in addition to the
requirements ofRMC 4-7-230C.
2.Condominium -Approval.Condominium developments are eligible for binding site
plan approval,when the purpose ofsuch approval is to divide the property so that the parcel or
tract,or a portion thereof:can be subject to RCW Chapter 64.34 (Condominium Act).A
condominium can only be recorded either when 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 RCW
Chapter 64.34 and RMC 4-9-040.The binding site plan shall also include conditions requiring
that the condominium is recorded per the provisions ofRCW Chapter 64.34.
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ORDINANCE NO.5153
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.
E.APPLICATION REQUIREMENTS:
1.General Requirements.All applications for binding site plans must conform to the
requirements ofRMC 4-8-120.
F.REQUIRED IMPROVEMENTS:
1.Improvements.The following tangible improvements shall be provided for,either by
actual construction or a construction schedule approved by the City and bonded by the applicant,
before a binding site plan may be recorded:grading and paving of streets and alleys,installation
of curbs,gutters,sidewalks,monuments,sanitary and storm sewers,street lights,water mains
and street name signs,together with all appurtenances thereto to specifications and standards of
this code,approved by the Department and in accordance with other standards ofthe City.A
separate construction permit will be required for any such improvements,along with associated
engineering plans prepared per the City Drafting Standards.
2.Phasing of Improvements.To satisfy these requirements,the Administrator is
authorized to impose conditions and limitations on the binding site plan.Ifthe Administrator
determines that any delay in satisfying requirements will not adversely impact the public health,
safety or welfare,the Administrator may allow requirements to be satisfied prior to issuing the
first building permit for the site,or prior to issuing the first building permit for any phase,or
prior to issuing a specific building's certificate of occupancy,or in accordance with an approved
phasing plan,or in accordance with plans established by a development agreement or as
otherwise permitted or required under City code.
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ORDINANCE NO.5153
G.ACCESS REQUIREMENTS:
Access requirements and street design and development standards shall be provided in
accordance with RMC 4-6-060,unless superseded by the terms of a development agreement as
provided by RMC 4-7-230J Merger with Development Agreement.New public roads shall be
provided for lot access where determined by the Administrator to be reasonably necessary as a
result ofthe proposed development or to make appropriate provisions for public roads.
Establishment of public roads may also be proposed by the applicant.
H.PERMIT PROCEDURES FOR BINDING SITE PLAN APPROVAL:
1.Permit Type:Binding site plans shall be processed as Type ill permits in accordance
with the procedures in chapter 4-8 RMC for Type ill permits and the standards and criteria set
forth in this Section,unless the applicant elects to merge the binding site plan application with
the site plan review process or combined site plan/planned action review process in which case
the binding site plan shall be processed in accordance with the procedures set out in chapters 4-8
and 4-9 RMC.Ifa binding site plan permit is processed concurrently,but not merged with
another permit process,then the binding site plan application shall be processed as a Type ill
permit.
2.Review Authority:Pursuant to chapter 4-8 RMC,the Responsible Official for a
binding site plan application shall be the Administrator,unless the applicant elects to have the
binding site plan application merged with a Type VI permit site plan application or a
development agreement under chapter 36.70B RCW.Ifa binding site plan application is to be
processed with a Type VI site plan,then the responsible Reviewing Official shall be the Hearing
Examiner.If a binding site plan application is to be processed with a development agreement,the
56
ORDINANCE NO.5153
responsible Reviewing Official shall be the City Council.The final decision on a development
agreement with an application for a binding site plan shall be made by City Council.No
administrative appeal ofthe City Council decision shall be available.Ifa binding site plan is
merged with a planned urban development application,the review authority shall be determined
pursuant to RMC 4-9-150.
SECTION XXVL Sections 4-7-230.J-K of Chapter 7,Subdivision Regulations,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
1.MERGER WITH DEVELOPMENT AGREEMENT:
Ifa binding site plan is merged with a development agreement,in the event ofa conflict
between the terms ofthe development agreement and this Section,the terms ofthe development
agreement shall control.Per RCW 36.70B.170-36.70B.21 0,a development agreement shall not
be more permissive than the applicable development standards.
K.REVIEW AUTHORITY DECISION:
1.Action:The responsible Reviewing Official shall review and act upon binding site
plans based upon the general criteria in this Section and other criteria applicable to the
site plan or development agreement with which the applicant elects to merge the binding
site plan application.Every decision made under this Section shall include findings of
fact and conclusions to support the decision.
2.Approval:Ifthe Reviewing Official finds the proposed binding site plan is in
conformance to the standards and requirements ofthis Section,then it shall be approved.
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ORDINANCE NO.5153
3.Approval with Modifications:Ifmodification(s)are deemed necessary by the
Reviewing Official,then they may be added to the binding site plan or a revised binding
site plan may be required.The applicant shall be notified of any such modification action.
4.Referral to the Hearing Examiner:Except when a binding site plan is merged with a
development agreement,ifthe Administrator detennines that there are sufficient concerns
by residents in the area ofthe binding site plan,or by City statI:to warrant a public
hearing,then he/she shall refer the binding site plan to the Hearing Examiner for public
hearing and decision by the Hearing Examiner.Notice ofthe public hearing will be given
as for a Type VI permit hearing.Binding site plans merged with development agreements
shall be approved by City Council pursuant to the requirements ofRCW 36.70B.170 et
seq.
5.Denial:Ifthe binding site plan is denied by the Reviewing Official,the applicant shall
be notified in writing of the decision,stating the reasons therefore.
6.Reconsideration:Any party may request that an application,on which the Reviewing
Official has made a decision,be reopened by the Reviewing Official if it is found that
new information that was not previously available has come to light that might affect the
action taken by the Reviewing Official.Requests for reconsideration must be filed within
fourteen (14)days ofthe date ofthe decision.
SECTION xxvn.Section 4-7-230.N 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:
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ORDINANCE NO.5153
N.BINDING EFFECT:
1.Vesting:Upon filing of a complete application for a binding site plan,the application
shall be considered under the binding site plan ordinance,the zoning,and other
development regulations in effect on the date ofapplication for the land uses and
development identified in the binding site plan application or identified in a complete site
plan review application filed in conjunction with or processed concurrently with a
binding site plan application.
2.Legal Lots:Lots,parcels,or tracts created through the binding site plan procedure shall
be legal lots of record.
3.Enforceable:Approved binding site plans shall be enforceable by the City.All
provisions,conditions and requirements ofthe binding site plan shall be legally
enforceable on the purchaser or on any person acquiring a lease or other ownership
interest of any lot,tract,or parcel created pursuant to the binding site plan.The binding
site plan shall include a provision requiring that any subsequent development ofthe site
shall be in conformance with the approved binding site plan.A sale,transfer,or lease of
any lot,tract,or parcel created pursuant to the binding site plan that does not conform to
the requirements ofthe binding site plan approval,shall be considered a violation ofthis
Section,shall be a nuisance and may be subject to an injunction action in Superior Court
or such other remedies provided by City code.
SECTION XXvm..A new Section,4-8-050.E,of Chapter 8,Permits -General
and Appeals,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby added,to read as follows:
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ORDINANCE NO.5153
E.EXEMPTIONS FROM STATE PROCEDURAL REQUIREMENTS FOR NON-
PROJECT PERMITS:
RCW 36.70B.020 excludes certain actions from the definition of project permits,
particularly nonprojeet legislative actions.The adoption or amendment of a comprehensive plan,
subarea plan,or development regulations that do not involve site-specific rezones are exempt
from procedures requiring environmental review to be completed prior to the legislative hearing.
SECTION XXIX.Sections 4-8-070.H and I of Chapter 8,Pennits -General and
Appeals,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
H.HEARING EXAMINER:
1.Authority:The Hearing Examiner shall review and act on the following:
a.Appeals of any administrative decisions/determinations (including,but not
limited to,parking,sign,street,tree cutting/routine vegetation management standards,
and Urban Center Design Overlay District regulations)and ERC decisions,excepting
determinations of whether an application is a bulk storage facility which shall be
appealable to the City Council,
b.Appeals relating to RMC 4-5-060,Uniform Code for the Abatement of
Dangerous Buildings,
c.Bulk storage special permit and variances from the bulk storage regulations,
d.Conditional approval permit for nonconforming uses,
e.Conditional use permit,
f Fill and grade permit,special,
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ORDlNANCENO.5153
g.Master Plan review (overall plan)and major amendments to an overall Master
Plan,
h.Mobile home parks,preliminary and final,
i.Planned urban development,preliminary,when associated with an existing
development that proposes a binding site plan,
j.Planned urban development;final
k.Shoreline conditional use permit,
I.Shoreline variance,
m.Short plat -five (5)to nine (9)lots,
n.Site plan approvals requiring a public hearing,
o.Special permits,
p.Variances from the critical areas regulations listed in RMC 4-9-250B 1,the land
clearing and tree cutting regulations,the wireless communication facility development
standards,the provisions ofthe subdivision regulations relating to short plats,and
variances associated with a development permit that requires review by the Hearing
Examiner,
q.Building permits submitted in conjunction with any ofthe above,and
2.Interpretation:It shall be the duty ofthe Hearing Examiner to interpret the provisions
of chapter 4-2 RMC,Land Use Districts,in such a way as to carry out the intent and
purpose ofthe plan thereo(as shown by the maps fixing districts,accompanying and
made part ofthis Code,in cases where the street layout actually on the ground varies
from the street layout as shown on the maps aforesaid.
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ORDINANCE NO.5153
3.Recommendations:The Hearing Examiner shall hold a hearing and make
recommendations to the City Council on the following:
a.Rezones,site specific,in conformance with the Comprehensive Plan,
b.Preliminary plats,
c.Planned urban developments, preliminary,except those under subsection l.j
above
d.Special permits requiring Council approval,
e.Variances from the provisions ofthe subdivision regulations relating to a full
subdivision.
4.Appeals:Unless otherwise specified,any decision ofthe Environmental Review
Committee or the Planning/BuildinglPublic Works Administrator or his or her designee
in the administration ofthis Title shall be appealable to the Hearing Examiner as an
administrative determination pursuant to RMC 4-8-1 IO.E,Appeals.
I.CITY COUNCIT..:
The City Council shall review and act on the following:
1.Annexations,
2.Appeals ofHearing Examiner decisions (any appeal from a Hearing Examiner's
decision,whether an appeal from an administrative determination or an original decision,
shall be appealable to the City Council pursuant to RMC 4-8-110 .E.8),
3.Appeals of staff determinations ofwhether or not a proposal is considered a bulk
storage facility,
4.Comprehensive Plan map or text amendment,
5.Dedications of property for public purposes,
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ORDINANCE NO.5153
6.Development and zoning regulations text amendment,
7.Final plats,
8.Preliminary plats,
9.Planned urban developments,preliminary,
10.Release of easements,
11.Rezones with associated Comprehensive Plan amendment,
12.Rezones with associated Comprehensive Plan map or text amendment,
13.Street vacations,
14.Variances from the provisions ofthe subdivision regulations relating to a full
subdivision.
SECTION xxx.Sections 4-8-080.C-E of Chapter 8,Permits -General and Appeals,
of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances ofthe City ofRenton,Washington"are hereby amended to read as follows:
C.CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS:
1.Optional Process Resulting in a Single Open Record Public Hearing:An applicant may
elect to have the review and decision process for required permits consolidated into a
single review process.Consolidated review shall provide for only one open record
hearing and no more than one closed record appeal period.Appeals ofenvironmental
determinations shall be consolidated except when allowed to be part of separate hearings
in accordance with RCW 43.21C.075,Appeals,and WAC 197-11-680,Appeals.Where
hearings are required for permits from other local,State,regional,or Federal agencies,
the City will cooperate to the fullest extent possible with the outside agencies to hold a
single joint hearing.A flowchart showing the timeline for processing a combined land
63
ORDINANCE NO.5153
use,environmental,and building permit application is included in subsection H ofthis
Section.
2.Review Authority for Multiple Permit Applications:Where more than one land use
permit application is required for a given development,an applicant may file all related
permit applications concurrently,pay appropriate fees,and the processing may be
conducted under the consolidated review process.Where required permits are subject to
different types of permit review procedures,then all the applications are subject to the
highest-number procedure,as identified in subsection Gofthis Section,and highest level
of review authority,as identified in RMC 4-8-070,that applies to any ofthe applications.
Appeals of environmental determinations shall be consolidated except when allowed to
be part of separate hearings in accordance with RCW 43.21C.075,Appeals,and WAC
197-11-680,Appeals.
D.TIME FRAME BASED ON PERMIT TYPE:
The flowcharts in subsection H ofthis Section indicate timelines for each ofthe eleven
(11)land use permit types,as discussed in subsection G ofthis Section.For permit types I
through vm,the timelines include the statutory requirement that requires the issuance of a letter
of completeness within twenty eight (28)days ofthe application submittal,pursuant to RCW
36.70B.070(1),and the provision for final decisions on permits within one hundred twenty (120)
days of receipt of a complete application.In addition,there is a generalized flowchart for the
consolidated review process.(Amd.Ord.4974,6-24-2002)
E.TIME FRAMES -MAXIMUM PERMITTED:
Final decisions on all Type I through Type vm permits and reviews subject to the
procedures ofthis Chapter shall occur within one hundred twenty (120)days from the date an
64
ORDINANCE NO.5153
application is deemed complete,unless the applicant consents to an extension of such time
period.Ifa project application is substantially revised by an applicant,the one hundred twenty
(120)day time period shall start again after the revised project application is determined to be
complete.Development applications which are specifically exempted under RMC 4-8-050,
Exemptions from State Process Requirements,are not subject to this time frame.
SECTION XXXI.Table Subsections IV,VI,VII,IX,and X,and the Table Legend,of Section
4-8-080.G,Land Use Permit Procedures,of Chapter 8,Permits -General and Appeals,of Title
IV (Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of
the City ofRenton,Washington"are hereby amended to read as follows:
LAND USE PUBLIC RECOMMEND-OPEN DECISION/OPEN CLOSED JUDICIALNOTICEOFRECORDRECORDRECORDPERMITSAPPLICATIONATIONHEARING7ADOPTIONAPPEALHEARINGAPPEAL
TYPEIV'
Variances,
PBPW
Administrator5
(and building Yes NA Admin. Admin.SCpermits
submitted in
conjunction
with above)
TYPEvt
Bulk Storage Yes Staff HE HE CC SCSpecialPermit
Conditional
Use Permit Yes Staff HE HE CC SC(Hearing
Examiner)
Fill and Grade Yes Staff HE HE CC SCPermit,Special
Master Site
Plan Approval Yes Staff HE HE CC SC
(overall plan)
65
ORDINANCE NO.5153
LAND USE PUBLIC RECOMMEND-OPEN DECISION/OPEN CLOSED JUDICIALNOTICEOFRECORDRECORDRECORDPERMITSAPPLICATIONATIONHEARING7ADOPTIONAPPEALHEARINGAPPEAL
Mobile Home
Parks,Yes Staff HE HE CC SCPreliminary
and Final
Planned urban
development,Yes Staff HE HE CC SC
final
Planned urban
development,
preliminary,
when
associated with Yes Staff HE HE CC SCanexisting
development
that proposes a
binding site
plan
Shoreline
Conditional Yes Staff HE DOE,HE SHB
UsePermit6
Shoreline Yes Staff HE DOE,HE SHBVariance6
Short Plats - 5 Yes Staff HE HE CCto9Lots
Site Plan
Review
(Hearing Yes Staff HE HE CCExaminer)with
Environmental
Review
Special Permits Yes Staff HE HE CC
Variances
(associated
with Hearing Yes Staff HE HE CC
Examiner land
use review)
Building
Permits Yes Staff HE HE CCsubmittedin
conjunction
66
ORDINANCE NO.5153
LAND USE PUBLIC RECOMMEND-OPEN DECISION/OPEN CLOSED JUDICIALNOTICEOFRECORDRECORDRECORDPERMITSAPPLICATIONATIONHEARING7ADOPTIONAPPEALHEARINGAPPEAL
with any ofthe
above
Environmental Yes No No Staff HE CC SCReview
Site Plan
Review
(administrative)Yes No No Staff HE CC SCwith
Environmental
Review
TYPEVIr
Preliminary
Plats -10 Lots Yes Stan:HE HE CC SC
or More
Planned Urban
Developments
(preliminary,Yes Stan:HE HE CC SCexceptas
shown under
Type VI)
Rezones (site-
specific,not
associated with
a Yes Stan:HE HE CC SC
Comprehensive
Plan
amendment)
Building
Permits
submitted in Yes Stan:HE HE CC SC SCconjunction
with any ofthe
above
TYPEIX'
Development
Regulation
Text Yes Staff CC CC GMHBAmendments-
Except Those
Referred to
67
ORDINANCE NO.5153
LAND USE PUBLIC RECOMMEND-OPEN DECISION/OPEN CLOSED JUDICIALNOTICEOFRECORDRECORDRECORDPERMITSAPPLICATIONATIONHEARING7ADOPTIONAPPEALHEARINGAPPEAL
Planning
Commission
TYPEx<J
Comprehensive
Plan Text Yes Staff,PC PC,CC CC GMHB
Amendments
Comprehensive
Plan Map or
Text Yes Staff,PC PC,CC CC GMHBAmendments
with associated
Rezones
Development
Regulation
Text
Amendments Yes Staff,PC PC,CC CC GMHB
Referred to
Planning
Commission
LEGEND:
Staff-PlanningfBuildinglPublic Works Division Staff
ERC -Environmental Review Committee
PC -Planning Commission
Admin.-Planning/BuildinglPublic Works Administrator or his/her designee
HE -Hearing Examiner
CC -City Council
DOE -Washington State Department ofEcology
SC -Superior Court
SHB -Shoreline Hearings Board
GMHB -Growth Management Hearings Board
NA -Not Applicable
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ORDINANCE NO.5153
FOOTNOTES:
I.SEPA exempt or for which the SEPA/land use permit process has been completed.
2.Administratively approved.
3.In lieu ofthe public notice requirements ofRMC 4-8-090,public notice of a SEPA exempt
temporary use permit shall consist ofthe on-site installation of a 24"x 30"sign meeting the
requirements ofRMC 4-9-240E.At the discretion ofthe Administrator,additional notice may be
required.
4.Environmental review may be associated with a land use permits.The Environmental Review
Committee (ERC)is responsible for environmental determinations.
5.The PlanninglBuildinglPublic Works Administrator or hislher designee shall hear variances
where not associated with a development that requires review by the Hearing Examiner.
6.Shoreline conditional use permits and shoreline variances also require approval ofthe State
Department ofEcology (DOE).DOE has up to 30 days to make a decision on a permit.This time
period does not count toward the 120-day maximum time limit for permit decisions.DOE's
decision is followed by a 21-day appeal period,during which time no building permit for the
project may be issued.
7.An open record appeal of an environmental threshold determination must be held concurrent
with an open record public hearing.
8.Street vacations are exempt from the 120-day permit processing time limit.
9.Environmental review for a permitted/secondary/accessory use not requiring any other land
use permit.
SECTION xxxn.The following subsections of Type VI,vn,IX,and X of Section 4-8-
080.H,Review Processes,of Chapter 8,Pennits -General and Appeals,of Title N
69
ORDINANCE NO.5153
(Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the
City ofRenton,Washington"are hereby amended to read as follows:
Type VI -Land Use Permits
Hearing ExaminerlEnvironmental Review Process
L.elIef
Applicalion of CompIeIe PublieNotice
Submillal Apprll;lllion of AppIJcaIion
Environl'lMllllal
Threshold
Determination'
Enllirormental
DecIsion Hearing
Notice NJhhecI2
Hearing Exaniner Open Hearing ExamiIer AppeE
Record Pubic Heating3 DecislorJ4 Period EJ
L..._L..._I:::1-":'6-'-da-YS-L..---:":15-~29::-:days~-"""-""":1~O da....y-S--I--.-14~days~....l
_~_I
120 days max.
Type VI -Environmental Review Committee and Hearing Examiner:
Bulk Storage Special Permit
Conditional Use Permits (Hearing Examiner)with associated Environmental Review
Fill and Grade Permit,Special
Master Site Plan Approval (overall plan)and Mobile Home Parks,Preliminary and Final
Shoreline Conditional Use Permit and Shoreline Variance -Also requires approval of
Washington State Department ofEcology (OOE)4
Planned urban development,final
Planned urban development,preliminary,when associated with an existing development that
proposes a binding site plan
Short Plats of 5 to 9 lots -Environmental Review normally not required,unless previously short
platted or on lands covered by water
Site Plan Review (Hearing Examiner with associated Environmental Review)and Special
Permits
70
ORDINANCE NO.5153
Variances,with associated Hearing Examiner Land Use Review
Building Permits submitted in conjunction with any ofthe above
1.Environmental Threshold Determination shall not be issued prior to a 14·day comment
period following the mailing ofpublic notice ofthe development application.
2.Comment/Appeal Period may include:
1)a I4.day appeal period with no comment period,
2)a I5-day combined comment/appeal period,or
3)a separate IS-day comment period followed by a I4.day appeal period.
3.Open Record Appeal ofEnvironmental Threshold Determination may be included in
Public Hearing (Hearing Examiner)ifapplicable.
4.DOE has up to 30 days to make a decision on a Shoreline Conditional Use Permit and
Variance Permit.This time period does not count toward the 120-day maximum time limit for
permit decisions.
5.For Shoreline Conditional Use Permits and Variances,a Building Permit shall not be
issued until 21 days after the permit decision.
Type VII -Land Use Permits
City CouncillHearing Examiner Environmental Review Process
Environmental Environmental'Hearing Examiner :
,Letter of Complete PlJblic Notice of Threshold Decision Healing 'Open Record Public!Heering Examiner C~y Council ,
~t~If:±:r±l:~~j~~g;~~
Type VII -City CouncillHearing ExaminerlEnvironmental Review Process:
Preliminary Plats
71
ORDINANCE NO.5153
Planned urban developments,Preliminary
Building Permits submitted in conjunction with any ofthe above
Rezones,site-specific in conformance with Comprehensive Plan
1.Environmental Threshold Determination shall not be issued prior to a I4-day comment
period following the mailing of public notice ofthe development application.
2.CommentlAppeal Period may include:
I)a I4-day appeal period with no comment period,
2)a IS-day combined comment/appeal period,or
3)a separate IS-day comment period followed by a I4-day appeal period.
3.Open Record Appeal ofEnvironmental Threshold Determination may be included in
Public Hearing (Hearing Examiner)if applicable.
4.Appeal of City Council decision to King County Superior Court.
Type IX -Land Use Permits
City CouncillEnvironmental Review/Staff
City COJJncll Open RecordAppllSubmlllalleItIlrofeomrAppIicallonPU!)/JC Noticer AppIlcalion PubliC rearing City counj Decision Appeal prod Ends
28 days max.14 days max.14 days min.21 days
•EnvironmentalOe1ermlnalion 1.2,~
Type IX -City CouncillEnvironmental Review Committee (ERC)/Staff
Development Regulation Amendments except those referred to Planning Commission
1.Environmental Threshold Determination shall not be issued prior to a I4-day comment
period following the mailing of public notice ofthe development application.Any required
72
ORDINANCE NO.5153
comment and/or appeal period must be completed before action is taken.
2.Comment/Appeal Period may include:
1)a I4-day appeal period with no comment period,
2)a I5-day combined comment/appeal period,or
3)a separate I5-day comment period followed by a I4-day appeal period.
3.Any appeal ofEnvironmental Decision shall be heard before the Hearing Examiner.
Type X 3_Land Use Permits
City CouncillPlanning Commission/Environmental Review Process
;;
,letter of CompIeIe 1 Planning Comission Opsn;Plarving Commissiorl
~._~JiC8lion Submittal __~1icaIi0ll__._Public Nolice of lication:ReCOld H.8rin ,Recommen_n .~ouncil.Q.ecision !fJ!.aI P'!i,,-~J~~_........,j
t~====-."--~-~---~·_----.------.----~!-----.--.---+-~-..-..~==-==
!..._.....!28 days max.14 days max.oj 14 days min.....!......'21 days ..__.._...__
,_.._____..._u..__._.._______u_:...._u u ..u.;..__..;~..n_'"""..!llI.!JeI._rmi~~~__.._._!..___.._.n L....__:
Type X 3_City CouncillPlanning Commission/Environmental Review Process:
Comprehensive Plan Map or Text Amendments
Rezones with associated Comprehensive Plan Map Amendments
Development Regulations Text Amendments Referred to Planning Commission
1.For Comprehensive Plan Map Amendments or Rezones with associated Comprehensive
Plan Map Amendments:Environmental Threshold Determination shall not be issued prior to a
14-day comment period following public notice of proposal.Any required SEPA comment
and/or appeal periods shall conclude prior to legislative hearing.Any appeal ofEnvironmental
Decision shall be heard before the Hearing Examiner.
2.For Comprehensive Plan Text Amendments or Development Regulation Text
Amendments:Environmental Threshold Determination shall not be issued prior to a 14-day
comment period following public notice of proposal.Any required comment and/or appeal
73
ORDINANCE NO.5153
period must be completed before action is taken.Any appeal ofEnvironmental Decision shall be
heard before the Hearing Examiner.
3.Type X Land Use Permits are exempt from the requirements of State Regulatory Reform
Act.
SECTION XXXlR A new Section,4-8-090.G,of Chapter 8,Permits -General
and Appeals,of Title N (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby added,to read as follows:
G.Failure to receive such mailed notification as may be required in subsections A to F shall
have no effect upon the proposed action or application.
SECTION XXXIV.Subsection 4-8-110.E.2 of Chapter 4-8-110.E,Appeals to
Examiner of Administrative Decisions and Environmental Determinations,of Chapter 8,Permits
-General and Appeals,of Title N (Development Regulations)of Ordinance No.4260 entitled
"Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as
follows:
2.Optional Request for Reconsideration:See RMC 4-9-070 N.
SECTION XXXV.Subsection 4-8-11 O.E.3.a of Chapter 4-8-11 O.E,Appeals to
Examiner ofAdministrative Decisions and Environmental Determinations,of Chapter 8,Permits
-General and Appeals,of Title N (Development Regulations)of Ordinance No.4260 entitled
"Code of General Ordinances of the City ofRenton,Washington"is hereby amended to read as
follows:
a.Standing for Filing Appeals of the City's Environmental Determinations:Appeals
from environmental determinations as set forth in 4-8-110.E.1.b or 4-9-070.N may be taken to
the Hearing Examiner by any person aggrieved,or by any officer,department,board or bureau of
74
ORDINANCE NO.5153
the City affected by such determination.Any agency or person may appeal the City's compliance
with chapter 197·11 WAC for issuance of a Threshold Determination.A person is aggrieved
when all of the following conditions are met:The decision is prejudiced or is likely to prejudice
that person;the person's asserted interests are among those that are required to be considered by
the City when it made its decision;and a decision in favor of that person would substantially
eliminate or redress the prejudice to that person caused or likely to be caused by the decision;
and prejudice means injury in fact.
SECTION XXXVL A new Section,4-9-075,of Chapter 9,Permits -Specific,
of Title N (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances ofthe City ofRenton,Washington"is hereby added,to read as follows:
4-9·075:PERMITS
A.APPLICABILITY
Utilities providing service within the City ofRenton (Cable TV,cable modem,natural gas,
telecommunications,and electrical)shall do so under approved franchise or agreement with the
City..u:for any reason,a utility is allowed to provide service within the City ofRenton without
an approved agreement with the City,they shall be subject to the permitting requirements ofthis
section.
B.PERMIT REQUIRED
Construction by one ofthese utilities within rights ofway,easements,and on public property is
subject to a permit.
C.SUBMITTAL REQUIREMENTS FEES
1.FEES:Fees shall be stipulated in RMC 4-1-180A.
75
ORDINANCE NO.5153
2.SUBMITTAL REQUIREMENTS:Submittal requirements shall be
stipulated by the Development Services Division.
SECTION XXXvn..Subsection 4-9-150 of Chapter 9,Permits -Specific,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:
4-9-150 PLANNED URBAN DEVELOPMENT REGULATIONS:
A.PURPOSES:
There are two (2)principal purposes of the Planned Urban Development
regulations.First,it is the purpose ofthese regulations to preserve and protect natural
features ofthe land.Second,it is also the purpose ofthese regulations to encourage
innovation and creativity in the development ofresidentiaL business,manufacturing,or
mixed use developments by permitting a variety in the type,design,and arrangement of
structures and improvements.
In order to accomplish these purposes,this Section is established to permit
development which is not limited by the strict application ofthe City's zoning,parking,
street,and subdivision regulations when it is demonstrated that such new development
will be superior to traditional development under standard regulations.In consideration
ofthe latitude given and the absence of conventional restrictions,the reviewing agencies,
Hearing Examiner,and City Council shaU have wide discretionary authority in judging
and approving or disapproving the innovations which may be incorporated into Planned
Urban Developments proposed under this Section.
76
ORDINANCE NO.5153
B.APPLICABILITY:
Any applicant seeking to permit development which is not limited by the strict
application ofthe City's zoning,parking,street,and subdivision regulations in a
comprehensive manner shall be subject to this Section.Any amendment to existing
Planned Urban Developments shall be subject to this chapter.
1.Zones:Planned urban developments may be permitted in the following zoning
districts,when processed and approved as provided in this Section:
a.All zones,except R·I,R-4 and COR.
2.Code Provisions That May Be Modified:
a.In approving a Planned Urban Development,the City may modify any ofthe
standards ofRMC 4-2,4-4,4-6-060,and 4-7 except as listed in subsection 3.All
modifications shall be considered simultaneously as part ofthe Planned Urban
Development.
b.An applicant may request additional modifications from the requirements ofRMC
Title 4,except those listed in subsection 3.Approval for modifications other than those
specifically described subsection 2.a shall be approved by the City Council prior to
submittal of a preliminary Planned Urban Development plan.
3.Code Provisions Restricted from Modification:
a.Permitted Uses:A Planned Urban Development may not authorize uses
that are inconsistent with those uses allowed by the underlying zone,or overlay
district,or other location restriction in RMC Title IV,including,but not limited
to:RMC 4-2-010 to 4-2-080,RMC 4-3-010 to 4-3-040,RMC 4-3-090,RMC 4-3-
095,and RMC 4-4-010.
77
ORDINANCE NO.5153
b.DensitylPermitted Number ofDwelling Units:The number of dwellings
units shall not exceed the density allowances ofthe applicable base or overlay
zone or bonus criteria in RMC 4-2 or 4-9.
c.Planned Urban Development Regulations:The City may not modify any
ofthe provisions ofthis Section 4-9-150,Planned Urban Development;
d.Procedures:The City may not modify any ofthe procedural provisions
ofTitle IV,including but not limited to,fees,submittal requirements,and other
similar provisions found in RMC 4-1, 4-7,4-8 and 4-9;and
e.Specific Limitations:The City may not modify any provision ofRMC 4-3-050
Critical Areas Regulations,4-3-090 Shoreline Master Program Regulations,RMC 4-4-
130,Tree Cutting and Land Clearing,RMC 4-4-060,Grading,Excavation and Mining
Regulations,RMC 4-5,or RMC 4-6-010 to 050 and 4-6-070-110 related to utilities and
concurrency,except that provisions may be altered for these codes by alternates,
modification,conditional use,or variance as specifically allowed in the referenced
Chapter or Section.Such alternates,modification,conditional use,or variance
applications may be merged with the consideration ofa Planned Urban Development per
RMC 4-9-150.H.
C.ROLES AND RESPONSffiILITY:
1.Development Services Division:The Development Services Division shall be
responsible for the general administration and coordination ofthis Section.However,
all proposed code modifications shall be reviewed at the same time by the Hearing
Examiner and City Council.
78
ORDINANCE NO.5153
2.Reviewing Agencies:City departments shall review each proposed Planned
Urban Development in accordance with procedures in RMC 4-8 and 4-9 as
appropriate.
3.Hearing Examiner:The Hearing Examiner is designated as the official agency
ofthe City for the conduct of public hearings and for recommendation to the City
Council for all requested code modifications and the overall proposal itself.
4.City Council:The City Council,upon recommendation by the Hearing
Examiner and the other agencies detailed in the paragraph above,shall be the final
approving agency under this Section for all requested code modifications and the
overall proposal itself.
D.DECISION CRITERIA:
The City may approve a Planned Urban Development only ifit finds that the
following requirements are met.
1.Demonstration of Compliance and Superiority Required:Applicants must
demonstrate that a proposed development is in compliance with the purposes of this
Section and with the Comprehensive Plan,that the proposed development will be
superior to that which would result without a Planned Urban Development,and that
the development will not be unduly detrimental to surrounding properties.
2.Public Benefit Required:In addition,Applicants shall demonstrate that a proposed
development will provide specifically identified benefits that clearly outweigh any
adverse impacts or undesirable effects ofthe proposed Planned Urban Development,
particularly those adverse and undesirable impacts to surrounding properties,and that
the proposed development will provide one or more ofthe following benefits than
79
ORDINANCE NO.5153
would result from the development ofthe subject site without the proposed Planned
Urban Development:
a.Critical Areas:Protects critical areas that would not be protected otherwise to
the same degree as without a Planned Urban Development;or
b.Natural Features:Preserves,enhances,or rehabilitates natural features ofthe
subject property,such as significant woodlands,native vegetation,topograpy,or
non-critical area wildlife habitats,not otherwise required by other City
regulations;or
c.Public Facilities:Provides public facilities that could not be required by the
City for development ofthe subject property without a Planned Urban
Development;or
d.Overall Design:Provides a Planned Urban Development design that is superior
in one or more ofthe following ways to the design that would result from
development ofthe subject property without a Planned Urban Development:
i.Open Space/Recreation:
(a)Provides increased open space or recreational facilities beyond
standard code requirements and considered equivalent to features that would
offset park mitigation fees in Resolution 3082;and
(b)Provides a quality environment through either passive or active
recreation facilities and attractive common areas,including accessibility to
buildings from parking areas and public walkways;or
ii.Circulation/Screening:Provides superior circulation patterns or location or
screening of parking facilities;or
80
ORDINANCE NO.5153
iii.Landscaping/Screening:Provides superior landscaping,buffering,or
screening in or around the proposed Planned Urban Development;or
iv.Site and Building Design:Provides superior architectural design,
placement,relationship or orientation of structures,or use of solar energy;or
v.Alleys:Provides alleys to at least 50 percent of any proposed single family
detached,semi-attached,or townhouse units.
3.Additional Review Criteria:A proposed Planned Urban Development shall also be
reviewed for consistency with all ofthe following criteria:
a.Building and Site Design:
i.Perimeter:Size,scale,mass,character and architectural design along the
Planned Urban Development perimeter provide a suitable transition to
adjacent or abutting lower density/intensity zones.Materials shall reduce the
potential for light and glare.
ii.Interior Design:Promotes a coordinated site and building design.Buildings
in groups should be related by coordinated materials and roof styles,but
contrast should be provided throughout a site by the use ofvaried materials,
architectural detailing,building orientation or housing type;e.g.,single
family,detached,attached,townhouses,etc.
b.Circulation:
i.Provides sufficient streets and pedestrian facilities.The Planned Urban
Development shall have sufficient pedestrian and vehicle access
commensurate with the location,size and density ofthe proposed
development.All public and private streets shall accommodate emergency
81
ORDINANCE NO.5153
vehicle access and the traffic demand created by the development as
documented in a traffic and circulation report approved by the City.Vehicle
access shall not be unduly detrimental to adjacent areas.
ii.Promotes safety through sufficient sight distance,separation ofvehicles
from pedestrians,limited driveways on busy streets,avoidance of difficult
turning patterns,and minimization of steep gradients.
iii.Provision of a system ofwalkways which tie residential areas to
recreational areas,transit,public walkways,schools,and commercial
activities.
iv.Provides safe,efficient access for emergency vehicles.
c.Infrastructure and Services:Provides utility services,emergency services,and
other improvements,existing and proposed,which are sufficient to serve the
development.
d.Clusters or Building Groups and Open Space:An appearance of openness
created by clustering,separation of building groups,and through the use ofwell-
designed open space and landscaping,or a reduction in amount of impervious
surfaces not otherwise required.
e.Privacy and Building Separation:Provides internal privacy between dwelling
units,and external privacy for adjacent dwelling units.Each residential or mixed
use development shall provide visual and acoustical privacy for dwelling units
and surrounding properties.Fences,insulation,walks,barriers,and landscaping
are used,as appropriate,for the protection and aesthetic enhancement ofthe
property,the privacy of site occupants and surrounding properties,and for
82
ORDINANCE NO.5153
screening of storage,mechanical or other appropriate areas,and for the reduction
ofnoise.Windows are placed at such a height or location or screened to provide
sufficient privacy.Sufficient light and air are provided to each dwelling unit.
f Building Orientation:Provides buildings oriented to enhance views from within
the site by taking advantage of topography,building location and style.
g.Parking Area Design:
i.Design:Provides parking areas that are complemented by landscaping and
not designed in long rows.The size of parking areas is minimized in
comparison to typical designs,and each area related to the group of buildings
served.The design provides for efficient use of parking,and shared parking
facilities where appropriate.
ii.Adequacy:Provides sufficient onsite vehicular parking areas consistent
with the parking demand created by the development as documented in a
parking analysis approved by the City.Parking management plans shall
ensure sufficient resident,employee,or visitor parking standards,and there
shall be no reliance on adjacent or abutting properties unless a shared parking
arrangement consistent with RMC 4-4-080 is approved.
h.Phasing:Each phase ofthe proposed development contains the required
parking spaces,open space,recreation spaces,landscaping and utilities necessary
for creating and sustaining a desirable and stable environment,so that each phase,
together with previous phases,can stand alone.
83
ORDINANCE NO.5153
4.Compliance with Development Standards:Each Planned Urban Development shall
demonstrate compliance with the development standards contained in subsection E of
this Section.
E.DEVELOPMENT STANDARDS:
1.Common Open Space Standard:Open space shall be concentrated in large
usable areas and may be designed provide either active or passive recreation.
Requirements for residential,mixed use,commercial,and industrial developments
are described below.
a.Residential:For residential developments,open space must be equal to or
greater in size than the total square footage of the lot area reductions requested by
the Planned Urban Development,as illustrated in Figure 1.The open space shall
not include a critical area and shall be concentrated in large usable areas.
Stormwater facilities may be incorporated with the open space on a case-by-case
basis ifthe Reviewing Official finds:
i.'the stormwater facility utilizes the the techniques and landscape
requirements set forth in The Integrated Pond,King County Water and Land
Resources Division,or an equivalent manual,or
ii.The surface water feature serves areas outside ofthe Planned Urban
Development and is appropriate in size and creates a benefit.
Site Area:1.5 acres Site Area:1.5 acres
84
Typical Lot Size:4,500 sq.ft.
Total Number ofLots:12
Standard Subdivision
ORDINANCE NO.5153
Typical Lot Size:3,500 sq.ft.
Total Number ofLots:12
Open Space:4,500 s.f minus 3,500 s.f =
1,000 s.f x 12 lots =12,000 sq.ft.
Example Planned Urban Development
Approach
Figure 1.Common Open Space Example
b.Mixed Use -Residential Portions:Subsections "i"to 'V'specify common open
space standards for the residential portions of mixed use developments.
i.Mixed-use residential and attached housing developments often (10)or
more dwelling units shall provide a minimum area of common space or
recreation area equal to fifty (50)square feet per unit.The common space
area shall be aggregated to provide usable area(s)for residents.The location,
layout,and proposed type of common space or recreation area shall be subject
to approval by the Reviewing Official.The required common open space
shall be satisfied with one or more ofthe elements listed below.The
Reviewing Official may require more than one ofthe following elements for
developments having more than one hundred (100)units.
(a)Courtyards,plazas,or multipurpose open spaces;
(b)Upper level common decks,patios,terraces,or roof gardens.Such
spaces above the street level must feature views or amenities that are
unique to the site and provided as an asset to the development;
(c)Pedestrian corridors dedicated to passive recreation and separate from
the public street system;
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ORDINANCE NO.5153
(d)Recreation facilities including,but not limited to:tennis/sports courts,
swimming pools,exercise areas,game rooms,or other similar
facilities;or
(e)Children's play spaces.
11.Required landscaping,driveways,parking,or other vehicular use areas
shall not be counted toward the common space requirement or be located
in dedicated outdoor recreation or common use areas.
iii.Required yard setback areas shall not count toward outdoor recreation and
common space unless such areas are developed as private or semi private
(from abutting or adjacent properties)courtyards,plazas or passive use
areas containing landscaping and fencing sufficient to create a fully usable
area accessible to all residents ofthe development.
IV.Private decks,balconies,and private ground floor open space shall not
count toward the common space/recreation area requirement.
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ORDINANCE NO.5153
Figure 2.A visible and accessible residential common area containing
landscaping and other amenities.
v.Other required landscaping,and sensitive area buffers without common
access links,such as pedestrian trails,shall not be included toward the
required recreation and common space requirement.
c.Mixed Use Non-Residential Portions,or Commercial,or Industrial Uses:The
following subsections specify common open space requirements applicable to
non-residential portions of mixed use developments or to single use commercial
or industrial developments:
i.All buildings and developments with over 30,000 square feet of non-
residental uses (excludes parking garage floorplate areas)shall provide
pedestrian-oriented space according to the following formula:
1%ofthe lot area +1%ofthe building area =Minimum amount of
pedestrian-oriented space
87
ORDINANCE NO.5153
Recessed entry areas
can qUalify as pedestrian-
oriented space ifthey
~meet requrements
Centralized and -Asible
pedestrian-oriented space
located at major bUilding
entry and aossroads
Figure 3.Examples of pedestrian-oriented space associated with a large scale
retail building.
ii.To qualify as pedestrian-oriented space,the following must be included:
(a)Visual and pedestrian access (including barrier-free access)to the
abutting structures from the public right-of-way or a courtyard not subject to
vehicular traffic,
(b)Paved walking surfaces of either concrete or approved unit paving,
(c)On-site or building-mounted lighting providing at least four (4)foot-
candles (average)on the ground,and
(d)At least three feet of seating area (bench,ledge,etc)or one individual
seat per sixty (60)square feet of plaza area or open space.
iii.The following features are encouraged in pedestrian-oriented space and may be
required by the Reviewing Official.
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ORDINANCE NO.5153
(a)Pedestrian-oriented uses at the building fa~de facing the pedestrian-
oriented space.
(b)Spaces should be positioned in areas with significant pedestrian traffic to
provide interest and security -such as adjacent to a building entry.
(c)Pedestrian-oriented facades on some or all buildings facing the space
consistent with Figure 4.
(d)Public seating that is durable or easily replaceable,maintainable,and
accessible.
Figure 4.Pedestrian-oriented spaces,visible from the street,including ample
seating areas,movable furniture,special paving,landscaping components,and
adjacent pedestrian-oriented uses.
iv.The following are prohibited within pedestrian-oriented space:
(a)Adjacent unscreened parking lots,
(b)Adjacent chain link fences,
(c)Adjacent blank:walls,
(d)Adjacent dumpsters or service areas,and
89
ORDINANCE NO.5153
(e)Outdoor storage (shopping carts,potting soil bags,firewood,etc.)that do
not contribute to the pedestrian environment.
d.Open Space Orientation:The location of public open space shall be
considered in relation to building orientation,sun and light exposure,and local micro-
climatic conditions.
e.Common Open Space Guidelines:Common space areas in mixed-use
residential and attached residential projects should be centrally located so they are
near a majority of dwelling units,accessible and usable to residents,and visible
from surrounding units.
1.Common space areas should be located to take advantage of
surrounding features such as building entrances,significant landscaping,
unique topography or architecture,and solar exposure.
11.In mixed-use residential and attached residential projects
children's play space should be centrally located,visible from the
dwellings,and away from hazardous areas like garbage dumpsters,
drainage facilities,streets,and parking areas.
2.Private Open Space:Each residential unit in a Planned Urban Development shall
have usable private open space (in addition to parking,storage space,lobbies,and
corridors)for the exclusive use of the occupants ofthat unit.Each ground floor unit,
whether attached or detached,shall have private open space which is contiguous to
the unit and shall be an area ofat least twenty percent (200.10)ofthe gross square
footage ofthe dwelling units.The private open space shall be well demarcated and at
least ten feet (10')in every dimension.Decks on upper floors can substitute for some
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ORDINANCE NO.5153
ofthe required private open space for upper floor units.For dwelling units which are
exclusively upper story units,there shall be deck areas totaling at least sixty (60)
square feet in size with no dimension less than five feet (5').
3.Installation and Maintenance of Common Open Space:
a.Installation:All common area and open space shall be landscaped in
accordance with the landscaping plan submitted by the applicant and approved by
the City,provided that common open space containing natural features worthy of
preservation may be left unimproved.Prior to the issuance of any occupancy
permit,the developer shall furnish a security device to the City in an amount
equal to the provisions ofRMC 4-9-060.Landscaping shall be planted within one
year ofthe date of final approval ofthe Planned Urban Development,and
maintained for a period oftwo (2)years thereafter prior tothe release ofthe
security device.A security device for providing maintenance of landscaping may
be waived if a landscaping maintenance contract with a reputable landscaping
firm licensed to do business in the City ofRenton is executed and kept active for a
two (2)year period.A copy of such contract shall be kept on file with the
Development Services Division.
b.Maintenance:Landscaping shall be maintained pursuant to requirements of
RMC 4-4-070.
4.Installation and Maintenance of Common Facilities:
a.Installation:Prior to the issuance of any occupancy permits,all common
facilities,including but not limited to utilities,storm drainage,streets,recreation
facilities,etc.,shall be completed by the developer or,ifdeferred by the
91
ORDINANCE NO.5153
PlanninglBuilding/Public Works Administrator or hislher designee,assured
through a security device to the City equal to the provisions ofRMC 4-9-060,
except for such common facilities that are intended to serve only future phases of
a Planned Urban Development.Any common facilities that are intended to serve
both the present and future phases of a Planned Urban Development shall be
installed or secured with a security instrument as specified above before
occupancy ofthe earliest phase that will be served.At the time of such security
and deferral,the City shall determine what portion ofthe costs of improvements is
attributable to each phase of a Planned Urban Development.
b.Maintenance:All common facilities not dedicated to the City shall be
permanently maintained by the Planned Urban Development owner,if there is
only one owner,or by the property owners'association,or the agent(s)thereof In
the event that such facilities are not maintained in a responsible manner,as
determined by the City,the City shall have the right to provide for the
maintenance thereof and bill the owner or property owners'association
accordingly.Such bill,ifunpaid,shall become a lien against each individual
property.
F.PROCEDURE FOR PRELIMINARY APPROVAL OF PLANNED URBAN
DEVELOPMENTS:
The approval of a Planned Urban Development shall be by the City Council,upon
recommendation by the Hearing Examiner,and shall be processed in accordance with the
following procedures:
92
ORDINANCE NO.5153
1.Permit Process:Planned Urban Developments shall be processed consistent
with RMC 4-8 as Type VI or vn permits as specified.
2.Filing of Application:The application for preliminary approval of a Planned
Urban Development shall be filed with the Development Services Division
accompanied by a filing fee as established by RMC 4-1-170,Land Use Review Fees.
Wherever a Planned Urban Development is intended to be subdivided into smaller
parcels,an application for preliminary plat approval may be submitted together with
the application for final Planned Urban Development approval.In such case,the
preliminary plat and the final Planned Urban Development shall be processed and
reviewed concurrently.Subsequent to final Planned Urban Development approva~a
Planned Urban Development may also be subdivided by the binding site plan process.
3.Informal Review:Prior to making application for preliminary approva~the
developer shall submit a conceptual plan for preapplication review.
4.Submittal Requirements and Application Fees:A preliminary development plan
shall be submitted to the Development Services Division and shall include the general
intent ofthe development,apportionment of land for buildings and land use,proposed
phases,if any,and such other information or documentation which the Development
Services Division shall require.Submittal requirements and fees shall be as listed in
RMC 4-1-170,Land Use Review Fees,and 4-8-120C,Land Use Applications.
5.Public Notice and Comment Period:See RMC 4-8-090,Public Notice
Requirements.
6.Phasing:Planned urban developments may be proposed to be developed in one
or more phases.Ifdeveloped in phases,each phase ofthe Planned Urban Development
93
ORDINANCE NO.5153
shall contain adequate parking,open space,recreation space,public benefits,
landscaping,buffering,circulation,utilities and other improvements necessary so that
each phase,together with any earlier phases,may stand alone and satisfy the purposes of
this Section.Further,each phase must meet the requirements of subsection D2 ofthis
Section,Public Benefit Required,unless the public benefits have been met by previously
approved phases.
7.Review Process:The preliminary plan shall be circulated to all reviewing
departments for comments.The Development Services Division shall evaluate
whether the plans comply with the development policies ofthe Renton
Comprehensive Plan and this Section and shall make a recommendation to the
Hearing Examiner accordingly.
8.Decision:
a.Preliminary Planned Urban Development -New Development:After public
hearing,the Hearing Examiner shall recommend approval,approval with
conditions,or denial ofthe preliminary plan.The City Council,at its discretion,
following recommendation ofthe Hearing Examiner,shall approve,modify or
deny the preliminary plan.City Council action to approve a preliminary plan shall
be by ordinance and shall include an accurate description ofthe boundaries,land
uses,any modified development standards,and number ofunits or building
square feet ofthe Planned Urban Development,and any phases thereof:as well as
the effective date of approval and the date of expiration of such approval.
b.Preliminary Planned Urban Development -Existing Development with
Binding Site Plan:After public hearing,the Hearing Examiner shall approve,
94
ORDINANCE NO.5153
approve with conditions,or deny the preliminary plan.The preliminary plan shall
contain an accurate description ofthe boundaries,land uses and number ofunits
ofthe Planned Urban Development,and any phases thereof,as well as the
effective date ofapproval and the date of expiration of such approval,on its face
prior to recording with King County.
9.Effect of an Approved Preliminary Plan:The approval ofa preliminary plan
constitutes the City's acceptance ofthe general project,including its density,
intensity,arrangement and design.Approval authorizes the applicant or subsequent
owner to apply for final plan approval ofthe Planned Urban Development or phase(s)
thereof Preliminary plan approval does not authorize any building permits or any site
work without appropriate permits.An approved preliminary plan binds the future
Planned Urban Development site and all subsequent owners to the uses,densities,and
standards ofthe preliminary plan until such time as a final plan is approved for the
entire site or all phases ofthe site,or a new preliminary plan is approved,or the
preliminary plan is abandoned in writing or expires subject to the provisions of
subsections G and K ofthis Section.
10.Zoning Map Revised:
a.New Planned Urban Development Approval:Upon the authority ofthe
approval ordinance of a preliminary Planned Urban Development,the City shall
place the Planned Urban Development ordinance number as an overlay on the
subject property on the City ofRenton Zoning Map.
b.Demonstration Ordinances:Ordinances 4468 and 4550 which created
demonstration developments known as Village on Union and certain divisions of
95
ORDINANCE NO.5153
the Orchards are hereby considered final Planned Urban Developments for the
purposes of code implementation.
G.FINAL PLAN REVIEW PROCEDURES:
1.Time Limits:The developer shall,within two (2)years ofthe effective date of
action by the City Council to approve the preliminary plan,submit to the
Development Services Division a final development plan showing the ultimate design
and specific details ofthe proposed Planned Urban Development or the final phase or
phases thereof
Upon application by the developer,the Hearing Examiner may grant an extension
of the approved preliminary plan for a maximum oftwelve (12)months.Application
for such extension shall be made at least thirty (30)days prior to the expiration date
of preliminary plan approval.Only one such extension may be granted for a Planned
Urban Development.Ifa final development plan is not filed within such two (2)years
or within the extended time period,ifany,the Planned Urban Development
preliminary plan shall be deemed to have expired or been abandoned.To activate an
expired or abandoned Planned Urban Development a new application is required.
2.Submittal Requirements and Fees for Final Plan Application:A final plan
application shall be submitted for a Planned Urban Development,or a phase thereof:
to the Development Services Division.The proposed final plan shall be in substantial
conformance with the approved preliminary plans,including phasing,subject to the
provisions of subsections G4 and G5 ofthis Section.Submittal requirements shall be
as listed in RMC 4-8-12OC,Land Use Applications.Application fees shall be as listed
in RMC 4-1-170,Land Use Review Fees.
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ORDINANCE NO.5153
3.Public Notice:Public notice shall be provided in the manner prescribed for
preliminary plans.
4.Minor Modifications:As part ofthe approval of a final plan,the City may require
or approve a minor deviation from the preliminary plan if:
a.The change is necessary because of natural features ofthe subject property not
foreseen by the applicant or the City prior to the approval ofthe preliminary
development plan;or
b.The change will not have the effect of significantly reducing any area of
landscaping,open space,natural area or parking;or
c.The change will not have the effect of increasing the density or significantly
increasing the total amount of floor area ofthe Planned Urban Development;or
d.The change will not result in any structure,circulation or parking area being
moved significantly in any direction;or
e.The change will not reduce any setback approved as part ofthe preliminary
plan by more than ten percent (l ()OJ(,)and the required minimum setback is met;or
f.The change will not result in a significant increase in the height of any structure
as approved in the preliminary plan;or
g.The change will not increase or create any adverse impacts or undesirable
effects on the surrounding neighborhood.
S.Major Modifications:Major modifications are those which substantially change the
basic design,density,circulation,or open space requirements ofthe Planned Urban
Development.Major modifications to a preliminary plan Planned Urban
Development shall be processed as a new preliminary plan.
97
ORDINANCE NO.5153
6.Review and Approval ofFinal Plan:The final plan shall be reviewed by the
departments and the Hearing Examiner,in the manner prescribed for preliminary
plans,to determine ifthe final plan is in substantial conformance with the approved
preliminary plan and is consistent with the purposes and review criteria ofthis .
Section.After a public hearing thereon,the Hearing Examiner shall make a decision
to approve,approve with conditions or deny the final plan.The decision shall include
a description ofthe elements ofthe approved Planned Urban Development,including
land uses,number ofunits,phasing,the effective date of approval and ofexpiration,
time limits,required improvements and the schedule for implementation,and any
conditions that may apply to the Planned Urban Development.
a.Covenants Required:
i.Covenants Generally:As a condition of final Planned Urban Development
approval,covenants shall be executed that run with the land,and with all
subdivided portions thereof:stating that such property is part of an approved
Planned Urban Development,and including the file number thereof and a
description ofthe uses,densities and phases ofthe approved Planned Urban
Development.Such covenant shall also be recorded for each property created
through any subsequent subdivisions.
ii.Specifications of Variations:All final Planned Urban Developments shall
include specifications that are recorded with the Planned Urban Development
indicating which lots or structures vary from which specific zoning
requirement.Covenants shall indicate that such lots or structures shall meet
the standard created with the approval of the Planned Urban Development or
98
ORDINANCE NO.5153
the current zone in effect at the time of subsequent land use,building or
construction permits.
b.Property Owners'Association Required:For residential Planned Urban
Developments,the developer or owner(s)of a Planned Urban Development shall
be required to form a legally incorporated property owners'association prior to
the occupancy ofany portion ofa Planned Urban Development.Ifthere is only
one owner ofthe Planned Urban Development,either a property owners'
association shall be formed or a covenant running with the land shall be filed
requiring the formation of such an association prior to the first subsequent sale of
the property,or portion thereof For nonresidential Planned Urban Developments,
the City may establish covenants as necessary to ensure maintenance of
infrastructure and open space or other common improvements.
7.Effect of an Approved Final Plan:
a.Standards Superimposed:The final approval of a Planned Urban
Development,under the procedures detailed in this Section,shall superimpose the
requirements ofthat specific approved Planned Urban Development on the
underlying zone regulations as an exception thereto,to the extent that the
requirements ofthe Planned Urban Development modifies or supersedes the
regulations ofthe underlying zone.Final plan approval shall be binding upon
property or the respective phase(s)with regards to density,intensity,open space,
uses,and other standards until such time as a new final Planned Urban
Development is approved or the final plan expires or is abandoned subject to
subsection K ofthis Section.
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ORDINANCE NO.5153
b.Construction Authorized:Approval of a final Planned Urban Development is
authorization to apply for building permits to construct the Planned Urban
Development.
8.Time Limits:
1.Expiration:The developer shall prepare and submit building permit
applications which are accepted as substantially complete to the Development
Services Division within six (6)months ofthe effective date of approval.The
developer shall complete the approved Planned Urban Development or any phase
thereof included in the approved final plan within two (2)years from the date of
the decision to approve the final plan by the Hearing Examiner,unless the
examiner designates a shorter time.Failure to complete the Planned Urban
Development,or any phase thereof:within this time limit will require the
submittal of a new preliminary and final plan application in order to continue
construction ofthe Planned Urban Development.Failure to submit a new
application or to complete the Planned Urban Development once construction has
begun shall constitute abandonment ofthe Planned Urban Development subject to
subsection J of this Section.Expiration ofany building permit issued for a
Planned Urban Development shall be governed by the provisions ofthe applicable
Building Code.Construction of any portion ofthe Planned Urban Development
requires a current approved Planned Urban Development and a current building
permit.
ii.Remaining Preliminary Phases with Completion of One Phase:Approval of a
final plan for any phase ofthe approved preliminary plan shall constitute an
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ORDINANCE NO.5153
extension for two (2)years ofthe remainder of the preliminary plan from the
effective date ofHearing Examiner action on the final plan.
H.MERGER OF APPLICATIONS OR REVIEW STAGES:
1.Merger ofReview Stages:The applicant may request that review and
decision on the preliminary plan and final plan be merged in one decision.The merged
decision shall follow the procedural steps required ofa preliminary plan.However,the
applicant shall submit all plans and information in the detail required for a final plan and
shall comply with all other requirements and standards for a final plan.
2.Merger with Other Applications:A preliminary Planned Urban Development may
be considered simultaneously with any other land use permit required for a proposa~
including but not limited to:preliminary plats,short plats,binding site plans,critical
area modifications or variances,shoreline substantial developments permits,shoreline
variances,shoreline conditional use permits,grading regulation modifications or
variances,or other applications.Where merged,the review criteria for all ofthe
applications shall be considered simultaneously with the Planned Urban Development
criteria in RMC 4-9-150.C. Where there are conflicts with review criteria,the criteria
of 4-9-150.C shall govern.Where merged,all permits shall be considered
simultaneously as part ofthe Planned Urban Development.The review authority
shall be determined consistent with RMC 4-S-0S0.C.2,Review Authority for Multiple
Permit Applications.
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ORDINANCE NO.5153
1.APPEALS OF EXAMINER'S DECISION ON A FINAL PLANNED URBAN
DEVELOPMENT:
The Hearing Examiner's decision on a final Planned Urban Development may be
appealed to the City Council pursuant to RMC 4-8-110.Ifthe Hearing Examiner acts on
appeal to approve a final Planned Urban Development,the decision will include an
effective date of approval consistent with subsections G and K of this Section.
1.BUILDING AND OCCUPANCY PERMITS:
1.Conformance with Final Plan Required:Building permits shall be issued
for construction in Planned Urban Developments only in accordance with the
approved final plan.
2.Minor Adjustments to Final Plan:
1.Minor Adjustments prior to Building Permits:Minor adjustments
to the final plan which involve only insignificant revisions to the exact location
and configuration of buildings,roadways,open space or other features and do not
involve any changes in density,relative density within the site,intensity,
architectural style,housing type or other significant characteristics ofthe Planned
Urban Development may be approved by the Development Services Division
when issuing building permits.Adjustments that are determined by the
Development Services Division to not be minor adjustments shall require the
submittal of a new final plan or preliminary plan application,according to
subsections G4 and G5 ofthis Section,Modifications.
u.Minor Variations to Development following Final Planned Urban
Development:Property owners ofunits or improvements may apply for subsequent land
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ORDINANCE NO.5153
use,building,and construction permits.Such permits may be approved subject to City
requirements,provided that the proposals meet the standard created with the approval of
the Planned Urban Development or the current zone in effect at the time ofthe
application.Common areas shall be maintained consistent with the approved Planned
Urban Development.Replacement of paving or landscaping to equivalent types is
allowed subject to City authorization that the activities are consistent with the Planned
Urban Development approval and any applicable City codes.
3.Occupancy Permit Issuance Procedure:Occupancy permits shall be
granted consistent with the requirements in Title IV.Conditions of approval shall be
based upon actions to be achieved prior to issuance ofconstruction permits or building
permits.Deferrals of improvements shall be determined by the
PlanningfBuildinglPubIic Works Administrator pursuant to 4-9-060.
4.Occupation of Structures:Any finished structures,short of full
implementation ofan approved final plan for a Planned Urban Development or those
phases thereof,may be occupied upon the issuance of a conditional use permit by the
Hearing Examiner together with such conditions,covenants or other terms in order to
assure compliance with the requirements ofthis Section,Development Standards,and/or
any other applicable provision ofthis Section and the City's zoning regulations.
K.EXPIRATION OR ABANDONMENT OF A PLANNED URBAN
DEVELOPMENT:
1.Expiration:Expiration ofan approved preliminary plan shall be defined as failure
to satisfy the time limits or other requirements of submitting a final plan application.
Expiration of an approved final plan Planned Urban Development shall be defined as
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ORDINANCE NO.5153
failure to initiate construction ofa Planned Urban Development.Expiration can only
occur if no on-site construction has begun or a lack of significant progress under
those building permits has occurred.Upon expiration of a preliminary or final plan,
the undeveloped site may only be developed ifa new preliminary and final plan
Planned Urban Development is approved or ifthe City Council,by ordinance,
removes the Planned Urban Development designation and revokes the original
approval.
2.Abandonment:Abandonment of a preliminary andlor final plan for the purpose of
this Section shall mean the failure and neglect ofthe developer to meet the
requirements of subsection G9 ofthis Section,or to diligently pursue the project and
the improvements incidental thereto for a period of six (6)months,after beginning or
completing construction of any ofthe residential units,utilities,streets or other
improvements of any phase of a Planned Urban Development.Abandonment shall
also occur when the applicant has provided a written statement indicating that he/she
is abandoning the preliminary andlor final plan.
3.Resuming Development of an Abandoned Planned Urban Development Site:In
order to resume development of an abandoned Planned Urban Development site,a
new final plan application shall be submitted for any partially completed phase ofthe
Planned Urban Development and a new preliminary plan application shall be
submitted for all remaining portions ofthe site.In any case,all subsequent
preliminary or final plans shall adhere to the Renton City Code provisions in force at
the time ofresubmission including open space,dwelling unit density and setback
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ORDINANCE NO.5153
requirements.No building permits shall be issued,renewed or extended until such
new preliminary or final plans are approved.
L.APPEAL OF COUNCa DECISION ON PLANNED URBAN DEVELOPMENT:
The action,by ordinance,ofthe City Council to approve,modify or deny a Planned
Urban Development shall be final and conclusive,unless the time period specified in
RMC 4-8-110,Appeals,an aggrieved party obtains a writ ofreview from Superior Court.
IfCouncil acts in appeal to approve a preliminary Planned Urban Development,the
decision will include an effective date ofapproval consistent with subsection G and Kof
this Section,Decision.
M.VIOLATIONS AND PENALTIES:
Violation of any ofthe provisions ofthis Chapter shall be a misdemeanor
punishable in accordance with RMC 1-3-1.
SECTION XXXVIIL A new definition in Section 4-1l·0l0 of Chapter 11,
Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby added,to read as follows:
AGGRIEVED PARTY:A person seeking to protect what must be "arguably within the zone of
-J
interests to be protected or regulated by the statute or constitutional guarantee in question"and
must allege an "injury in fact,"i.e.,that he or she will be specifically and perceptibly harmed by
the proposed action.
SECTION XXXIX.The definition for Binding Site Plan in Section 4-11-020 of
Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled
"Code of General Ordinances of the City ofRenton,Washington"is hereby amended,to read as
follows:
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ORDINANCE NO.5153
BINDING SITE PLAN:A drawing as authorized by chapter 58.17 RCW and provided for in
RMC 4~7-230 which:
1.Identifies and shows the areas and locations of all streets,roads,improvements,
utilities,open spaces,and any other matters specified by RMC 4-8-120C,Submittal
Requirements;and
2.Contains descriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by the City;and
3.Contains provisions requiring site development to be in conformity with the approved
binding site plan.
SECTION XL.The definition of Land Development Permit in Section 4-
11-120 of Chapter 11,Definitions,of Title IV (Development Regulations)of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby
amended,to read as follows:
LAND DEVELOPMENT PERMIT:An approved preliminary or final plat for single
family residential project,a building permit,site plan,or preliminary or final planned urban
development plan.
SECTION XLL A new definition in Section 4-11-200 of Chapter 11,
Definitions,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City ofRenton,Washington"is hereby added,to read as follows:
TELECOMMUNICATIONS:The transmission,between or among points specified by
the user,of information ofthe user's choosing,without change in the form or content ofthe
information as sent and received.
106
SECTION XLII.
ORDINANCE NO.5153
Section 9-II-2.H ofChapter 11,Street Grid System,of Title IX
(Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances ofthe
City ofRenton,Washington"is hereby amended,to read as follows:
H.Structure Address:One address shall be assigned to each building,except
residential accessory buildings.In the event of planned urban development,office park,or
industrial complex which incorporates several buildings,or has the potential to add one or more
buildings,provision shall be made to allow for buildings to be addressed as separate addresses,
one per building.In the event address numbers are not available for more than one building,
alphabetical suffixes for each building in the complex shall be applied.Structure addresses shall
be expressed in whole numbers,with no fractional appendages.
SECTIONXLm This ordinance shall be effective upon its passage,
approval,and 30 days after its publication.
PASSEDBYTHECITYCOUNCILthis 26th dayof September
Bonnie I.Walton,City Clerk
,2005.
APPROVED BY THE MAYOR this 26 t h day of__--"'S-"'e,.t<.p=t=em.....b~e"'-'r'--_--',2005.
~/~-W~
Kathy Kolker-Wheeler,Mayor
Ap~ed as to form:
cx~2W~
Lawrence 1.Warren,City Attorney
Date ofPublication:9/30/2005 (summary)
ORD.I 176final:9/13/05:ma
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