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HomeMy WebLinkAboutLUA-04-084,,) I l PARTIES OF RECORD CRITICAL AREAS CODE AMNDS 2004 LUA04-084, ERe Richard Gumpert IDC 742 1st Street S Kirkland, WA 98033 (party of record) Dean Radford King County Journal 600 Washington Ave S Kent, WA 98032 (party of record) Tom Malphrus Friends of the Black River 18713 102nd Avenue SE Renton, WA 98055 (party of record) Renee Schaefer PGP Inc. 1325 4th Avenue ste: #500 Seattle, WA 98101 (party of record) Sandra Lange, Planner Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Avenue SE Bellevue, WA 98008-5452 (party of record) Suzann Krom 4715 V2 36th Avenue SW Seattle, WA 98126-4715 (party of record) .; Traci L. Shallbetter Davis Wright Tremaine LLP, Attorneys for Barbee Mill Co. 2600 Century Square 1501 4th Avenue Seattle, WA 98101-1688 (party of record) Garrett Huffman South King County Manager Master Builders Association 335 116th Avenue SE Bellevue, WA 98004 (party of record) Lowell Anderson 8225 S 128th Street Seattle, WA 98178 (party of record) Chad Armour 6500 126th Avenue SE Bellevue, WA 98006 (party of record) David Halinen Halinen Law Offices, P.S. 10500 NE 8th Street ste: #1900 Bellevue, WA 98004 (party of record) Richard Robohm Wetland Specialist Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Ave SE Bellevue, WA 98008-5452 (party of record) .IJames C. Hanken Law Offices of James C. Hanken 999Third Ave. ste: 3210 Seattle, WA 98104 (party of record) Donna J. Bunten WA Department of Ecology PO Box 47600 Olympia, WA 98504-7600 (party of record) David Halinen Halinen Law Offices, P.S. 2115 N 30th ste: #203 Tacoma, WA 98403 (party of record) Brad Olschefski 6672 156th Avenue Bellevue, WA 98006 (party of record) Campbell Mathewson CenturyPacific, LP 1501 Fourth Avenue ste: #2140 Seattle, WA 98101 (party of record) Farideh Mastan 13810 SE 42nd Place Bellevue, WA 98006 (party of record) Daniel E. Penttila Fish Biolog ist WDFW Habitat Program PO Box 1100 LaConner, WA 98257-1100 (party of record) Matthew Mega Urban Habitat Program Director, Seattle Audobon Society 8050 35th Ave. NE Seattle, WA 98115 (party of record) --------------------------------_. -------------------------------------._---------- ~ = = =-=-======~=~=~=~=~=~=====:------.. -- ~~~~~~~{~~~~~~~;;~;~~~~~~~;~~~~i -------- --------_. -------------------------------------------------------- ---------------------------------------------------------------------------------------------------- I .#..t. City of Renton -Water classes Economic Development, Neighborhoods & Strategic Planning Alex Pietsch, Administrator O. Del Rosario 15 October 2003 DRAFT S(19t11t1S1 PAN S(lOOtt-Sl ----- Renton City Boundary PAA Boundary Class 1 Class 2 Class 3 Class 4 Culvert S(1161hst _-_-_-ljT:' o 3000 6000 F"''''''''''t'llCoc"""jmcoc*''", ,"miC*'~ 1 : 36000 CODE AMENDMENTS ~ Jones & Stol{es Lisa Grueter, AICP Senior Planner 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 direct 425.893.6428 • fax 425.822.1079 emailigrueter@jsanet.com www.jonesanclslokes.com • • • m Jones & Stol<es DE:, ~lOPMENT PLANNING :',!TY OF RENTON '.JUL 08 2004 RECEIVED Memorandum ___________________ _ Date: July 13,2004 To: Rebecca Lind, Principal Planner, City of Renton; From: Lisa Grueter, Senior Planner Subject: Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments OVERVIEW The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, andpr~tecting environmentally sensitive areas, among other goals (RCW 36.70A.020). GMA requires protection of wetlands, aquifer recharge areas used for potable water, fish and wildlife h(lbitat conservation areas, frequently flooded areas, and geologically hazardous areas; (RCW 36.70A.030). Since the original GMAwas instituted in 1991, GMA has been amended with respect to critical areas, particularly to require the use of "best available science" in critical area policies and regulations and' consideration of anadromous fish species., ' , Partly in'response to GMA~the City of Renton adopted Critical Area Regulations'between 1989 and 2000. The City regulations currently address: ' • Aquifer Protection Areas • Geologically Hazardous Areas • Habitat Conservation Areas' • Frequently Flooded Areas; and • Wetlands The City Critical Area Regulations "reserve" a section to address the protection of streams and lakes, which otherwise are minimally addressed in the City's Tree Cutting and Land Clearing regulations (25 foot setback from waterbodies). Given the status ofthe stream regulations, the focus of the City'S efforts to comply with the GMA best available science provisions relates to streams, and a series of recommendations by 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com ':;'/""" " f\)! ;'j '''', .IJ:":. !. ,.t .1'.I,s Page 2 of18 July 13, 2004 the consultant team have beenprepared to establish water classifications, buffers, and other related it~mMHp~~:y:et to document the City's compliance with best available science for the remaining GMA critical area topics and effectively use the City's resources, more limited scope reviews and evaluations have been conducted: These limited scope reviews include a best . available science evaluation of wetland regulations, as well as a comparison of the City's aquifer, flood hazard, geologic hazard, and habitat conservation regulations to the State Department of Community Development's Example Critical. Areas Code. These evaluations are available under separate cover. The purpose of this memo is to give an overview of the proposed regulatory amendments by each critical area topic. "" . " Aquifer Protection Areas (CAR) The City of Renton water supply is obtained from four sources: • The Cedar Valley Sole Source Aquifer iii Springbrook Springs • Maplewood Production Aquifer • Well5A These sources are protected by designating aquifer'protection area zones (APA zones) and restricting land use, limiting and restricting hazardous materials, and establishing construction activity standards, fill quality reporting, and stormwater management requirements within the' " zones. Renton's APAzones are defmed as follows: • Zone 1: The land area situated between a well" or well field owned by the City and the three hundred sixty five (365) day groundwater trave.l time contour. . • Zone 1 Modified: The same land area describe a for Zone 1 but for the purpose of protecting a high-priority well, well field, or spring withdrawing from an aquifer that is partially protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by exemptions. • Zone 2: The land area situatedbetw~en the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for 'a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring· is naturally protected by overlying geologic strata, the City may choose not to subdivide an AP A into two (2) zones. In such a case, the entire AP A will be designated as Zone 2. The City'S Aquifer Protection Area Regulations include the following: • • • • • • • • • • Page 3 of 18 July 13, 2004 Designation of Zone 1, Zone 1 Modified, and Zone 2 Aquifer Protection Areas (AP As) as described above. Establishing Operating and Closure Permit requirements for facilities in all Zones Requiring removal of existing facilities in Zone 1 if they store/handle/treatiproduce hazardous materials in quantities greater than 500 gallons . Performance standards, all AP A Zones -Requiring secondary containment -Requiring hazardous materials monitoring and providing standards for release restrictions, including in Zone 1 added site monitoring and site improvement standards to protect against hazardous materials release Limiting application of pesticides and nitrates near wells and springs Establishing wastewater disposal requirements Establishing surface water management requirements Regulating pipelines Providing constrUction activity standards and fill material requirements Regulating existing solid waste landfills • Zone 1 Modified is similar to Zone I except that: Existingfacilities are not subject to the 500 gallon hazardous material quantity and they would not have to relocate or reduce inventory -Existing septic tanks are allowed and new septic tanks would be allowed if City sewers were not available -Infiltration of stormwater would be allowed as with Zone 2 -Existing facilities would not be subject to site improvements (e.g. groundwater monitoring, paving, stormwater management improvements, etc.) The City's regulations are similar to the State Example Code in intent, and are tailored to the City'S critical aquifers. A minor amendment to replace the aquifer protection zone map in RMC Figure 4-3-050Ql with map patterns that better distinguish between Zone 1 modified and Zone 2 is proposed. A discretionary code amendment could be included to allow the City to require a I Page 4 of 18 July 13,2004 • hydrogeologic assessment if a proposal has a potential to significantly affect groundwater quantity or quality. Otherwise, amendments or added regulations are not recommended~ Flood Hazard Areas (CAR) Floodplain hazard areas, including the 100-year floodplain and floodways, are designated along the City's major streams including: • May Creek • Cedar River • Black River • Springbrook Creek Additionally floodplains ofthe Green River extend into the City limits along the western city limit boundary shared with Tukwila. The City implements the Federal Emergency Management Agency (FEMA) Model Floodplain Management Regulations (RMC 4-3-0501), which allows flood insurance to be sold in the City. It designates areas of flood hazards and applies construction standards for residential and • nomesidential development in the flood hazard areas. It is recommended that the City continue with its Flood Hazard regulations with the following' . adjustments: • Add the State DOE requested amendments to address updates to the Federal/State Model Flood Damage Prevention Ordinance, or to address other clarifications, in order to maintain flood insurance eligibility. These Include: Definitions need to be added or amended; especially "basement" and "development," to specifically implement the flood hazard regulations. RMC 4-3-050.1.3.b.i and ii, Manufactured Homes: Minor revision to indicate that the foundations be " ... securely anchored to an adequately designed anchored foundation system to resist flotation, collapse, and lateral movement." RMC 4-3-050.1.3.c, Nomesidential Construction. Subsection c.i needs to be amended as follows to ensure the City receives credit towards insurance rates: i. Be floodproofed so ,that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; RMC 4.-3-050.1.4.b, the last sentence should be amended to match the most recent State Model: ii. Repairs, reconstruction or improvements to a structure, the cost of which does • • • • Page 5 of 18 July 13, 2004 not exceed fifty percent (50%) of the market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shaH not be included may be excluded in the fifty percent (50%). • Require the use of additional information that is more restrictive than Flood Insurance Rate Maps. The primary concern is to regulate mapped flood hazard areas and establish base flood elevations based on federal studies. However, appropriate situations where the City could require additional future flood information include: development in unmapped areas or bridge construction proposals. Geologic Hazard Areas (CAR) Geologic risks in the City of Renton include: • Erosion hazards • Landslide hazards • Seismic hazards • Coal mine haZards • Steep slopes, including sensitive slopes 25-40% and protected slopes greater than 40% (often considered to be a landSlide hazard) To a lesser extent there is a potential for volcanic hazards. The adopted Geologic Hazard regulations: • Classify hazards using .criteria. BaS~d upon· a report prepared by GeoEngineers Inc. for the City of Renton in 1991, the regulations include criteria for landslide hazards, erosion hazards, seismic hazards, and coal mine hazards. Maps of these hazards are to be used as references. " • Address exemptions within Geologic Hazard areas. • Require peer review of geotechnical reports for properties with slopes 25% or greater, and Medium, High or Very High Landslide Hazards. Independent peer review of geotechnical reports may be required Jor properties with High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards. For any of the hazards, conditions of approval may include modifying construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. I Page 6 of 18 July 13,2004 • • Address slopes between 25-40% that do not have identified erosion or landslide hazards, by requiring peer review of geotechnical reports, erosion control plans, and weekly erosion control inspections. The regulations would also authorize conditions of approval which may include modifying construction techniques, design, drainage, project size/configuration, seasonal constraints on development, vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. These same potential conditions of approval apply to lands with Medium and High Landslide Hazards and High Erosion Hazards. . • Restrict development on slopes over 40%. Exceptions include man~made slopes (e.g. from legal mining operations) pursuant to a modification, a single family dwelling on a lot of record pursuant to a variance, public utilities needed to protect slope stability, and public road widening where alternative locations are infeasible. Modifications may be allowed such as allowing 411 at the base of a 40% slope. Aswith other modifications, report submittal, and review criteria would apply. . • Restrict the creation oflots having a predominant 40%+ slope. • Require a buffer of 50 feet from a Very High Landslide Hazard Area, which may be increased or decreased administratively based upon a geotechnical report. • Provide a revi~w process for Coal Mine Hazards. The regulations require a report to document potential Coal Mine Hazards, authorize conditions of approval, and indicate requirements for mitigation during construction. • Establish detailed report preparation requirements for each potential hazard located on a site. The regulations are comparable to the State Example Code. Minor improvements to the City's adopted geologic hazard regulations are proposed below. • To strengthen the City'S general performance standards, the following review criteria are proposed to be added: -The proposal will not increase the threat of the geological hazard to adjacent properties beyond pre~development conditions; The proposal will not adversely impact other critical areas. The criteria would also state that the development must be safely accommodated, summarizing other geologic hazard standards in the City's code. • The regulations would newly address volcanic hazards. The risk is generally low, and could • include inundation due to lahar sedimentation or ashfall (tephra) The proposed regulations • would require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green • Page 7 of 18 July 13,2004 River Inundation Area as mapped by the USGS to demonstrate adequate engineering ,standards regarding volcanic hazard risks and an evacuation and emergency management plan. Habitat Conservation Areas (CAR) The City of Renton and its Potential Annexation Area contain habitats supporting wildlife species. A key source of information about wildlife, including those endangered, threatened, and sensitive, is available from the Washington State Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) Program. Priority habitats in the City of Renton include wetlands, riparian corridors, and urban natural open space. The lake, rivers, and creeks support anadromous fish runs. Other priority species include bald eagles, osprey, great blue herons, and other waterfowl. The City's Habitat Conservation Regulations address: • Criteria defining "critical habitat." Critical habitat includes: species that are listed as endangered, threatened, sensitive, monitor, or priority by Federal or State agencies; heron rookeries or raptor nesting' areas, Category 1 wetlands; and shorelines designated as Natural or Conservancy in the Shoreline Master Program. • • Habitat assess~ents. Reports are required, and peer review may be required. • , ' , • Native,Growth Protection Areas. Critical habitats are to, be placed in Native Growth Protection Areas. • Disturbance. If a critical habitat area is to be altered, impacts are to be avoided, minimized or compensated. Mitigation may be required based upon submitted reports, or information from State or Federal agencies. ' The City regulations ,provide a comparabl~ review process for habitat conservation areas in comparison to the State Example Code. Potential minor measures to enhance the City's regulations are suggested -to .reference State standards for bald eagles, and to clarify that activities adjacent/abutting to designated habitat conservation areas may be regulated. Also, amendments for streams would remove "shorelines designated as Natural or Conservancy in the Shoreline Master Program" as habitat conservation areas since streams and shorelines would have a separate proposed set ofregulations including buffers, and amendments clarify that Habitat Conservation regulations apply to non-salmonid species, while stream regulations address primarily salmonid species. Streams and Lakes (CAR and SMP) The proposed major regulatory changes are to add stream and lake buffer requirements to the Renton Critical Areas Regulations and Renton Shoreline Master Program. In both sets of Page 8 of18 July 13, 2004 • regulations, the regulations address the following key concepts (attached flow charts demonstrate the regulatory approach): • Classification: A five-level stream typing system based on whether the water is salmonid- bearing, and water body flow characteristics. Among the salmonid-bearing classes, the differentiation is based on whether the water body is a major watercourse versus a tributary. Among non-salmonid bearing waters, the distinctions are pereruiial versus intermittent flows, __ and artificial channels. A process i1i induded to help classify unclassified streams. As laid out in the regulations Class 1 stre~s are consistent with designated Shorelines of the State (as well as consistent with mapped Chinook presence) and therefore are addressed in Renton Shoreline regulations (see below). Class 2 to 4 water bodies, salmonid bearing andnon-- salmonid bearing, receive the most attention in the Critical Area Regulations. Class 5 water bodies are maiunade streams and are not regulated. The attached map identifies the draft water class map. • Inner and Outer Buffer Zones: As a result of Best Available Science review, the proposed stream/lake buffers would increase from 25 feet (required in Tree CuttinglLand Clearing Regulations today) to a range of35 to 100 feet depending on stream class and salmonid use. To allow for some changing environmental conditions and functions in an-area, such as that riparian fullctions diminish with distance or to recogniz~ existing w-ban development, the ' concept of "inner versus outer zones" is proposed. The "outer buffers" standard refers to • standard un-enhanced buffer widths. "Inner buffers" refers to the possibility of reducing the standard buffer width with enhancement (range of:f5 to 75 feet). Standards for _ redevelopment are also included, i.e. recognizing that a natural buffer may not be possible on an already highly urbanized site in which case the buffers function as setbacks, and standards indicate no addition of impervious surfaces is allowed although they may be rearranged. • Defined Rules versus Variable Rules Meeting EnvironmentalObjectives: Two regulatory approaches would be incorporated - a Standard path where if a water body is classified and buffer standards or other regulations are met, development may proceed-or an Alternative path, either where conditions may not be well known requiring more in depth review and analysis of appropriate standards or where an applicant wants to vary a standard but the City needs to be assured that ecological functions are protected. This is translated into' activities that may proceed according to standard criteria with standard report/analysis requirements versus those that must provide supplemental analysisiinitigation plans and respond to discretionary criteria. • General Principles -Avoidance and No-Net-Loss of Function: The-regulations promote: , a) avoidance of the stream/lake and associated buffer and b) no-net-Ioss of ecological functions if avoidance is not possible (or development already exists within the new, larger buffers). Specific to'the Shoreline Master Program Regulations, other amendments include: • • • • • • • Page 9 of 18 July 13, 2004 SMP Sections E to I: Inthe Renton SMP Regulations, amendments to sections describing Shoreline Use Environments are incorporated as noted in Section 3 of this Project Narrative. Essentially, these amendments address the map environments and use allowances applicable to the Black River and eastern extent of Cedar River in the City primarily to address text/map conflicts and an unclassified annexed area. SMP Section J: Renton SMP Section J provides for general standards applicable to all development. It is in this location that shoreline buffers/setbacks are added. Approaches to the buffer/setbacks are also provided similar to those described above. To address the use priorities of the Shoreline Management Act while addressing shoreline protection, the ability to reduce buffers/setbacks requires an evaluation, and the potential reductions vary according to use priority. SMP Section K: Following from Use Environment amendments (sections E to 1) as well as review of model ordinances, some amendments to development standards for trails, roads and utilities are included and are similar to the stream/lake standards included in the Critical Areas Regulations. • SMP Nonconforming Uses: When nonconforming use and development standards (for "grandfathered" uses or buildings) do not exist in a local government's Shoreline Master Program, the. definitions and standards of Washington Administrative Code (WAC) 173-27- 080 apply, and .these address continuation of nonconforming structures, nonconforming uses, replacement after acts of God, and other provisions. Renton's SMP has not contained nonconforming regulations and to this date would have been subject to the State WAC requirements which are more strict in terms of procedure (e.g. requirements for a Shoreline Conditional Use Permit in some cases) than the City's standard nonconforming regulations. However, it is important that the City have some consistency in its nonconforming standards. Renton's Title 4, Chapter 10 contains the City of Renton's nonconforming structure and use standards that generally apply in the City, and it is proposed that the City's Shoreline Master Program incorporate these. Wetlands (CAR) . In 1991, the City inventoried and identified approximately 367 acres of wetlands within the City limits. Within Renton's sphere of influence, approximately 1,067 acres of wetlands were identified. Wetland types found in Renton and its sphere of influence include bogs, emergent marshes, shrub/scrub, forested and old growth wetlands. Most of the wetlands are adjacent to rivers and streams although other smaller concentrations are found elsewhere. Most are located in the "Valley" area of Renton inside the City limits. Wetland inventories have been updated in some portions of the City, such as through the City'S 1997 Eastside Green River Wastershed Plan and Environmental Impact Statement. The City's wetland regulations classify wetlands, require wetland assessments, provide buffer standards, and establish wetland mitigation standards including replacement ratios. Page 10 of18 July 13, 2004 • A best available science review of Renton's wetland regulations found that the City's wetland regulations are supported by current best available science for wetlands in Washington State. Several amendments are proposed to improve or better document the City's decision-making process; including: • Exemptions for small Category 2 and 3 wetlands should be modified -those that provide functions sh<?uld not be exempt. • Exemptions for ongoing agriculture, vegetation management, stormwater management facilities in buffers, and trails and open space facilities in buffers should be amended to ensure deminimus impacts. • A measure to enhance the City's classification system could be to reference or translate the State Department of Ecology's rating system to the City's (meaning identify how the State's four-way system translates to the City's three-way class system). However, at present, the City's wetland class system was found to be sound. . • Wetland classification criteria relying on the County's 1991 inventory should be deleted. Vague terms in the classification system should be amended (e.g. plant associations of infrequent occurrence and headwaters). • Wetland assessments should be required for proposals within 300 feet of a wetland rather than 100 feet. This is because in some cases the City may wish to expand wetland buffers beyond standard requirements. . • The City's standard buffers were found to meet best available science. It was recommended buffer size determinations (particularly buffer reductions, buffer averaging, modifications, variances'and similar) should document how best available science is met. ·A particular reference/method is suggested: The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000. • Since the City's buffer averaging criteria include science based provisions (e.g. variation in wetland sensitivity), it was recommended that reasonable use be removed as a criterion for buffer averaging. • Review criteria to expand buffers should be amended to remove vague terms. • Definitions of restoration,creation, and enhancement as well as protection/maintenance should be revised to be consistent with State and Federal agencies. _ • Enhancement criteria should be amended to allow some desirable changes in functions. • Off-site mitigation may be more desirable than on-site mitigation, and some criteria are . , proposed for amendment. • • • • • Critical Area Review Procedures Page 11 of18 . July 13,2004 Either in the City'S Critical Areas Ordinance (RMC 4-3-050) or in administrative sections such as 4-1, 4-8, and 4-9, Renton's regulations provide comprehensive critical areas procedures, such as defining regulation purposes, applicability and exemptions, submittal requirements, general performance standards, review criteria~ variances and exceptions, and enforcement. The City's procedures provide for structured review of development applications and determination of appropriate conditions. -. To meet Washington Administrative Code (WAC) rules that direct the City to consider best available science where variations to regulations are proposed, to address common performance standards in addition to buffets, and to clarify the application of regulations, some amendments are proposed: • The City should include best available science review criteria for administrative buffer reductions, administrative modifications, and administrative and Hearing Examiner vanances. • Submittal requirements for projects that could impact critical areas and propose mitigation plans, or those that propose buffer reductions, should demonstrate that best available science was used in determining the reduced st,andard and/or in developing mitigat~(m plans. • The City regulations do not specifically require a building setback in addition to a buffer requirement, although the critical area regulations do provide staff latitude to apply conditions, and SEP A provides another review and mitigation process. There may be instances where the City would want the authority to require a building setback to ensure long-term maintenance of development without eroding a buffer's protectiveness. A general standard allowing the City to condition a proposal to apply a building setback is included. It would be discretionary; • It is recommended that the City clarify that applicants are responsible for other permits .outside of the Critical Area Regulations. Other As part of'incorporatingstream and buffer protection requirements and other critical area amendments, consistency amendments are needed to the City'S Tree Cutting and Land Clearing Regulations, permit submittal requirements, State Environmental Policy Act review, Nonconforming Uses, Variance procedures, and Definitions . Page 12 of 18 July 13, 2004 • EXAMPLE SITES -STREAM/LAKE AND SHORELINE REGULATIONS As we have prepared the draft stream/lake and shoreline regulations, the proposed water body buffers were discussed in context with several development examples. The purpose was to review the net effect of the proposed regulations and to keep in mind the principles of GMA and SMA,which include managing growth while responding to sensitive environmental conditions, recognizing use preferences along shorelines, and, respecting private property rights. The results ofthe example project review are shown in the Table below. Attached also are aerial photos of the various locations. EXAMPLE SITES , POTENTIAL WATER CLASS AND MANAGEMENT ZONE BOUNDARIES SITE WATER BODY CLASS EFFECT OF PROPOSED Using Proposed System . REGULATIONS 55 Williams -Multifamily I (Cedar River -Shoreline ofthe State) • The standard buffer width of 100 feet would eliminate much of the building at its present height and configuration. • Reduced buffer standards are -possible and would ultimately be equal to the zone setbacks because other property (City-trail) intervenes between development and Cedar River. . " • If the development were proposed under the proposed regulations, no- net-loss of shoreline ecological function wouJd need to be demonstrated. For other future cases along the Cedar where lots abut the Cedar, the potential reduced setback would be 50 feet. Bristol @ Southport 1 (Lake Washington -Shoreline of the • The standard buffer width of 100 State/Statewide Significance) feet would eliminate some of the , building at its present height and configuration. • If the built development were , proposed under the proposed regulations, no-m:t-Ioss of shoreline ecological function would need to be demonstrated to allow for reduced buffers/setbacks. Reduced buffer standards are • • • SITE WA TER BODY CLASS Using Proposed System Lake Washington Trail and Habitat 1 Enhancement Project (Cedar River -Shoreline of the State) • • • .. -- • • . Page 13 of 18 . July 13, 2004 EFFECT OF PROPOSED REGULA TlONS possible to 50 feet for water enjoyment uses such as the current development. Except for a comer of one mixed-use building (at the northeast comer near Gene Coulon Park), which is setback at 35 feet, the 50-foot setback would match the majority setback of other portions of development. Existing developed areas can retain impervious surfaces. Averaged buffers/setbacks are possible. The standard buffer would not allow the trail (100 foot buffer). If the development were proposed under the proposed regUlations, no- net-loss of shoreline ecological function would need to be demonstrated. Reduced buffer standards as low as 0 would allow for the trail connections to water in regulations; existing developed areas can retain impervious surfaces. . Over-water trails are allowed per standards already existing in SMP . Page 14 of 18 July 13,2004 • SITE. WATER BODY CLASS EFFECT OF PROPOSED Usine Proposed System REGULATIONS Honey Creek Estates II (PIN 344900-2 0160 "" (January 23rd Stream Class List as a • Most of required 100' buffer falls Class 2 stream that is fish-bearing; in steep slope area of 30-39% WRIA0285) where development is unlikely. • Lot 16 would be particularly impacted and may not have enough developable area if it were proposed under the regulations .. • It may be possible that clustering on R-8 zoned portions of the property could result in an added lot to replace another that would be · "lost" due to the regulations. A · future policy discussion ofR-8 lot width standards as a result of clustering may be appropriate. . . • Additional impervious surface would not be able to be added in the buffer area. • If the development were proposed • under the proposed regulations, no- net-loss of shoreline ecological function would need to be demonstrated in order to reduce or average buffer widths. 13221 SE 12810 Street: Vicinity of 4 NE 4th/ Union. Commercial Short (Applicant report characterizes as • The 35-foot buffer largely falls Plat Near Post Office: intermittent without direct fish within the abutting wetland area, habitat; appears to be upstream meaning no impact to site plan segment of Maplewood Creek. developable area. WRIA0302) · . Where there is no abutting wetland, and only stream, the stream buffer would be 10 feet wider than current 25-foot standard. Based on the stream's location, there is little effect on the developable area on the site plan . • . If the development were proposed under the proposed regulations, no- , . . net-loss of shoreline ecological function would need to be · demonstrated. • • • • 55 Williams - Page 15 of 18 . July 13, 2004 I . Bristol @ Southport Portion of Lake W Trail and Habitat Enhancement ect Page 16 of 18 July 13, 2004 • • •• • • • Page 17 ofl8 july 13, 2004 Honey Creek Estates II (PIN 344900-0160; also includes un highlighted boundary of PIN 1023059099 to .. ~ .~Page 18 of18 July 13, 2004 • 13221 SE 12Sth Street: Vic of NE 4th/ Union. Commercial Short Plat" Near Post Office • • -r! i III S ... I u I -• .. I I -, I! ! * -= .. I -J .. I -1: ii I - -------------------- -------------------- r-------------------- I I I ••• J. ••.•••.• -------------------- • .... II:PrID8Std .............. L.sII ........ CI1SS1 .. rs • r-----------------------------~---Alternative Standards ------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------~ -------------------------------------------------------------------------------------------~--------------------------­------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------=========================================t~~$:WbStftN.QtQM==================-=-=-=-=-=-= _ ----------------------------------------------------------------------------------------------~ -------------------------------------------------------------------------------------------------------------------------------- City of Renton -Water classes Economic Development, Neighborhoods & Strategic Planning Alex Pietsch, Administrator G. Del Rosario 15 October 2003 DRAFT Renton City Boundary PAA Boundary Class 1 Class 2 Class 3 Class 4 Culvert o 3000 6000 IClcccOOOccca 1 : 36000 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 • 25 26 27 28 29 30 31 32 33 34 . 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 .50 .51 CRITICAL AREAS ORDINANCE AMENDMENTS SHORELINE MASTER PROGRAM REGULATIONS AMENDMENTS [§Clit(fr\Jsl1)10'te: Spell check functions have not been available to this file perhaps due to copy material from the web. We apologize for any misspellings.] RMCSECTION 4-3-050 CRITICAL AREAS REGULATIONS: ....................................................................................... 3 A. PURPOSE: ................................................................................................................................... 3 B. APPLICABILITY -CRITICAL AREAS DESIGNATIONS/MAPPING: .......................................... 5 C. APPLICABILITY -EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: ............. 12 D. ADMINISTRATION AND INTERPRETATION: .......................................................................... 32 E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS: ...................... 37 F. SUBMITTAL REQUIREMENTS AND FEES: ............ : ................................................................ 39 G. SURETY DEViCES: .................................................. , ............................................................... 41 H. AQUIFER PROTECTION: ............................. : ............................................................................ 43 I. FLOOD HAZARDS: ..................................................................................................................... 51 .. J. GEOLOGIC HAZARDS: ............................................. , ................................................................ 56 K. HABITAT CONSERVATION: ..................................................................................................... 63 L. STREAMS AND LAKES: ...................................................................................................... : .... 64 M. WETLANDS: .............................................................................................................................. 75 N. ALTERNATES, MODIFICATIONS AND VARIANCES: ............................................................. 92 O. APPEALS: .................................................................................................................................. 94 P. ASSESSMENT RELIEF -WETLANDS: .................................................................................... 94 Q. MAPS: .................... : ......................................................................................•............................ 94 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: .......................................................... 98 A. PROGRAM ADOPTED: ................................................................................ : ............................. 98 B. COMPONENTS OF PROGRAM: .................................................................................. ~ ............ 98 C. AMENDMENTS TO SHORELINE MASTER PROGRAM: ......................................................... 99 D. PURPOSES AND PRIORITIES: ................................................................................................ 99 E. REGULATED WATER BODIES: .............................................................................................. 100 F. THREE (3) ENVIRONMENTS DESIGNATED BY CITY: ................................................... : ..... 101 G. NATURAL ENVIRONMENT: ................................................................................................... 104 H. CONSERVANCY ENViRONMENT: ......................................................................................... 105 I. URBAN ENVIRONMENT: ................................. ~ ........................................................................ 107 J. GENERAL USE REGULATIONS FOR ALL SHORELINE USES: ........................................... 108 K. SPECIFIC USE REGULATIONS: ............................................................................................ 119 L. VARIANCES AND CONDITIONAL USES: ............................................................................... 135 M. VIOLATIONS AND PENALTIES: ............................................................................................. 135 N. APPEALS: ............................. : .................................................................................................. 135 4-4-130 TREE CUTTING AND LAND CLEARING REGULATIONS: ............................................... 136 4-8-120 SUBMITTAL REQUIREMENTS -SPECIFIC TO APPLICATION TYPE: ........................... 144 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES: .................................................................. 164 4-9-190 SHORELINE PERMITS: ..................................................................................................... 166 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES: ................................... 178 CHAPTER 10 LEGAL NONCONFORMING STRUCTURES, USES AND LOTS ................................. 189 CHAPTER 11 DEFINITIONS ................. , ............................................................................................... 194 Draft Best Available Science Regulation Amendments, July 13, 2004 51 • • I • Draft Best Available Science Regulation Amendments, July 13, 2004 2 51 • 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 • 68 69 • 70 71 72 73 74 75 76 77 78 79 80 81 82 83 4-3-050 CRITICAL AREAS REGULATIONS: A. PURPOSE: 1. General: The purposes of this section are to: a. Manage development activities to protect life, property, and environmental quality; and b. Assist or further the implementation of the policies of the Growth Management Act, the State Environmental Policy Act, chapter 43.21 C RCW, and the City Comprehensive Plan, and its implementing regulations; and c. Provide City officials with information to evaluate. approve, condition or deny public or private development proposals with regard to critical area impacts; and d. Protect the public life, health, safety, welfare, and property by minimizing and managing the adverse environmental impacts cif development within and abutting critical areaS7; and e. Protect the public from: i. Preventable maintenance and replacement of public facilities needed when critical area functioning is impaired; and ii. Unnecessary costs for public emergency rescue and relief operations; and iii. Potential litigation on improper construction practices occurring in critical areas . rEait~gmBm: Generalizes purposes originally under Wetlands below.] 2. Aquifer Protection: The overall purpose of the aquifer protection regulations is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. O'ther specific purposes include: a. Protect the groundwater resources of the City. b. Provide a means of regulating specific land uses within aquifer protection areas. c. Provide a means of establishing safe construction practices for projects built within, an aquifer protection area. d. Protect the City's drinking water supply from impacts by facilities that store, handle, treat, use, or produce substances that pose a hazard to groundwater quality. (Amd. Ord. 4851,8-7-2000) 3. Flood Hazards: It is the purpose of the flood hazard regulations to: a. Promote the public health. safety, and general welfare; and 9§.. Minimize public and private losses due to flood conditions in specific areas; and Draft Best Available Science Regulation Amendments, July 13, 2004 3 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 I 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 6Q.. Minimize expenditure of public money and costly flood control projects; and e~. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; and fQ. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; and €}~. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to mini~ize future flood blight areas; and Rf. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. rE~a~~'t~i~t~: Removed redundant concepts due to changes in General Purpose above.] 4. Geologic Hazards: The purposes of the geologic hazard regulations are to: a. Minimize damage due to landslide, subsidence or erosion through the control of development; and b. Protect the public against avoidable losses due to maintenance and replacement of public facilities, property damage, subsidy cost of public mitigation of avoidable impacts, and costs for public emergency rescue and relief operations; and c. Reduce the risks to the City and its citizens from development occurring on unstable slopes; and d. Control erosion and sediment run-off from·development. 5. Habitat Conservation: The primary purpose of habitat conservation regulations is to minimize impacts to critical habitats and to restore and enhance degraded or lower quality habitat in order to: a. Maintain and promote diversity of species and habitat within the City; and b .. Coordinate habitat protection with the City's open space system, whenever possible, to maintain and provide habitat connections; and . c. Help maintain air and water quality, and control erosion; and d. Serve as areas for recreation, education, scientific study, and aesthetic appreciation. 6. SIlGfeHReSj Streams and Lakes: (Reserved)The purposes of the stream and lake regulations are to: a. Protect riparian habitat in order to provide for bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife: and b. Prevent the loss of riparian acreage and functions and strive for a net gain over present conditions through restoration where feasible: and, .. . Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 4 • 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 '.137 138 139 140 141 142 143 . 144 145 146 147 148 149 150 • 151 152 c. Protect aquatic habitat for salmonid species. Other fish/aquatic species are addressed through Habitat Conservation regulations (see Subsection A.5. above) 7. Wetlands: The purposes of the wetland regulations are to: a. Ensure that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values; and b. Protect the public health. safety and wolfare by minimizing and managing the adverse environmental impacts of development within and adjacent to wetlands; and cQ. Preserve, protect and restore wetlands by regulating development within them and around them; and G~. Protect the public from; i. Preventable maintenance and replacement of public facilities needed when wetland functioning is impaired; and ii. Costs costs associated with repair of downstream properties resulting from erosion . and flooding due to the loss of water storage capacity provided by wetlands; and iii. Unnocessary costs for public emergency rescue and relief operations; and iv. Potential litigation on improper construction practices occurring in wetland areas; aOO e. Provide' City officials with information to evaluate, approve, condition or deny public or private development proposals; and fQ. Prevent the loss of wetland acreage and functions and strive for a net gain over present conditions. rEait@l~tl~"m: Stricken concepts moved to General Purposes.] B. APPLICABILITY -CRITICAL AREAS DESIGNATIONS/MAPPING: 1. Lands to Which These Regulations Apply: The following critical areas, classified in subsections B2-H.1 through B+-M.1 of this Section, are regulated by this section: . a. Aquifer Protection Areas. (Amd. Ord. 4851, 8-7-2000) b. Area!) of Special Flood Hazard. c. Sensitive Slopes, twenty five percent (25%) to forty percent (40%) and Protected Slopes, forty percent (40%) or greater. . d. Medium, High, and Very High Landslide Hazard Areas. e. High Erosion Hazards. f. High Seismic Hazards. g. Medium and High Coal Mine Hazards . h. Volcanic Hazard Areas. Draft Best Available Science Regulation Amendments, July 13, 2004 5 Ri. Critical Habitats. +i. SRefeJ.iRes, Streams and Lakes. (Reservedt i. All applicable requirements of this Section, RMC 4-3-050 apply to Class 2 to 4 water bodies, as classified in RMC 4-3-050.L.1. ii. Class 5 water bodies, classified in RMC 4-3-050.L.1, are exempt from all provisions of this section, RMC 4-3-050, Critical Areas. iii. Class 1 water bodies, defined in RMC 4-3-050.L.1are not subject to this section, RMC 4-3-050, Critical Areas Regulations, and are regulated in RMC 4-3- 090, Shoreline Master Program Regulations, and RMC 4-9-190, Shoreline Permits .. i]S. Wetlands. Categories 1.2 and 3. rEtiitarts1Notfi: Subsections B.2 to B.7are moved to the irrespective sections in H to M to consolidate classifications with performance standards; for ease of use.] a..-Aqu.i.fer Protection: a. Applicability: The aquifer protection regulations apply to uses. activities. and facilities located within an aquifer protection area (APA) as classified below.· J b. Aquifer Protection Area (API\): Aquifer protection areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or 'operated by the City. as depicted in subsection 0.1 of this Section. Maps. c. Aquifer Protection Zones: Zones of an APA are designated to provide graduaied levels of aquifer protection. Zone boundaries are determined using best available science documented in the City of Renton \'Vellhead Protection Plan. an appendix of the City of Renton \"later System Plan. as periodically updated. The following zones may be deSignated: i. Zone 1: The land area situated between a well orwell field owned by the City and the three hundred sixty five (365) day ground'Nater tra'.'ei time contour. . ii. Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high priority well. wellfield. or spring withdra'Ning from an aquifer that is partially protected by overlying geologic strata .. Uses. activities. and facilities located in this area are regulated as if located within Zone 1 except as provided by C.6(a)(iii) of this section: . III. Zone 2: The land area situatedbep .... een the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field o ... med .or operated by the City. If the aquifer supplying water to a ' .... ell. well field. or spring is naturally protected by overlying geologic strata. the City may choose not to subdivide an APA into 1\'10 (2) zones. In such a case. the entire APA \!vill be . designated as Zone 2. . . d. MappiflgT i. Determination of Location !Nithin a Zone of an Aquifer Protection Area: In GotermifliAg-tfle-IGGatfeA-eW"acilities within the zBfle&-<lefined by subsection Q.1 of this Draft Best Available Science Regulation Amendments. July 13. 2004 6 • • • 194 .195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 •214 215 216 217 218 219 220 221 222 223 224 225 . 226 227 228 229 230 231 232 233 ,,234 ~35 Section, the following Hlfes-s~tRfn-tI:le-z-GRes-Gefffied by subsection 01 of this Section, the followffig rules shall ap~ (a) Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. (b) Facilities having parts lying within more than one zone of an APA shall be governed as follo\,vs: Each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (c) Facilities having parts lying both in and out of an APA shall be governed as follows: That portion which is within an APA shall be governed by the applicable restrictions in this Section; and That portion which is not in an APA shall not be governed by this Section. ii. Zone Maps: The locations of aquifer protection areas (APA) in the City are €Iepicted by the map in-sOOsection 0.1 of this Section, Maps. 3. Flood Hazards: a. Applicability: Flood hazard regulations shall apply to all areas of special flood hazarcls within the jurisdiction of the City. b. keas of Special Flood Hazard: "\reas of special flood hazard are defined as the land in the floodplain subject to one percent or greater chance of flooding in any given year. Designation on flood m~s-always include the letters A or V. c: Mapping and Documentation: The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of-Renton, dated September 29, 1989, and any subsequent revision, with accompanying flood insurance maps which are hereby adopted by reference and declared to be a part of this section. The flood insurance study is on file at the Planning/Building/Public 'I'Jorks Department. The best available infOrmation for flood· hazard area identification as outlined above shall be the basis for regulation until a new Flood Insurance Rate Map is issued which incorporates the data utilized under subsection D3a(iv) of this Section. (>'\md. Ord. 4851, 8 7 2000) 4. Geologic Hazards.: a. Applicability: The geologic hazard regulatipns apply to all nonexempt activities on sites containing steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified below or on.sites ' .... ithin fifty feet (50 ) of steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified below which are located on abutting or acijacent sites. b. Steep Slopes.;. h-Steep-Slepe-DeHneation-PrOGeGUfe: The bountlafies-of a regulateG-steof) sensitive or protected s~-is-Getermined to be in the location identified on the City Gf-Re~e-Atlas~af)p.licant's qYalifieG--j:)rofessional may substitute Draft Best Available Science Regulation Amendments, July 13, 2004 7 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 .270 271 272 273 ,. getffidaries independently derived from survey data for the City's considerat:iGR-m determining the boun€laf.ie&-Of-seflsitive orprotected steep slopes. All topographic maps shall utilize two (2) foot contour intervals or the standard utilized in the City of Renton Steep Slope Atlas. The City may require independent revievl of an applicant's steep slope study by a qualified professional selected by the City, at the applicant's expense. ii. Steep Slope Types: (a) Sensitive Slopes. (b) Protected Slopes. C. Landslide Hazards: i. Low Landslide Hazard-{LL): Areas with slopes less than fifteen percent (15%). ii. Medium Landslide Hazard (LM): I\reas with slopes bet\."Ieen fiftee·n percent (15%) and fOrty percent (40%) arid underlain by soils that consist largely of sand, gravel or glacial till. iii. High landslide Hazards (lH): Areas ' .... ith slopes greater than forty percent (40%), and areas with slopes bewmen fifteen percent (15%) and forty percent (40%) and underlain by soils consisting largely of silt and clay. iv. Very High Landslide Hazards (lV): Areas of known mappable landslide deposits. . d. Erosion Hazards: i. Low Erosion Hazard (EL): Areas with soils characterized by the !:'latural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having slight or moderate erosion potential, and that slope less than fifteen percent (15%). ii. High Erosion Hazard (EH): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having severe or very severe erosion potential, and that slope more steeply than fifteen . percent (15%). e. Seismic Hazards: i. low Seismic Hazard (SL): Areas underlain by dense soils or bedrock. These soils generally have site coefficients of types 81 or S2, as defined in the Uniform Building GOO&. ii. High Seismic Hazard (SH): Areas underlain by soft or loose, saturated soils. These-sGils generally have site-GeeffiGieflt.s-ef-types S3 or S4, as defined in the Uniform BHilGing Code. f .. Coal Mine Hazards: h-bGw-GGaJ-M.i.n.e.-Wazards (Cl): Areas with n9-AAown mine workin.gs-aflG-Ao predicted stffisidence. Whfle-ne-miHes are knewn in the&e-afeaS;-tlfltiewmented mining is kn~fFOd.: Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 8 274 • 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 • 294 295 296 297 298 299 300' 301 302 303 304 305 306 307 308 309 310 311 312 • ii-.--MeGium Coal Mine-Mazards (CM): Areas where mine workings are deeper than two hundred feet (200 ) for-&teeply dipping seams, or deeper than fifteeri (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. iii. High Coal Mine Hazard (CH): l\reas with abandoned and improperly sealed mine openings and areas underlain by mine ..... orkings shallower than t>,\'O hundred feet (200 ) in depth for steeply dipping seams, OF shallower than fifteen (15) times the thickness of the seam or 'Norkings for gently dipping seams. These areas may be affected by collapse or other subsidence. g. Mapping: Maps of steep slopes,landslide, erosion, seismic, and coal mine hazards are documented and included in subsection Q of this Section, Maps. The actual presence or absence of the criteria listed above, as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. 5. Habitat Conservation: a. Applicability: The habitat conservation regulations apply to all nonexempt activities on sites containing or abutting critical habitat as classified below. b. Critical Habitat: Critical habitats are those habitat areas which meet any of the following criteria: i. The documented presence of species proposed or listed by the federal government or State of Washington as endangered, threatened, sensitive, monitor, or priority; aRdtoF . ii. The presence of heron rookeries or raptor nesting areas; and/or iii. Category 1 wetlands (refer to subsection B7b(i) of this Section for classification criteria): and/or . iv. Portions of streams and their shorelines designated in the Renton Shoreline Master Program, RMC 4 3 090, as Conservancy or Natural (refer to the Renton Shoreline Master Program). c. Mapping: i. Critical habitats are identified by lists, categories and definitions of species promulgated by the Washington State Department of Fish and Wildlife (Non game Data System Special Animal Species) as identified in WAC 232 12 011; in the Priority Habitat and Species Program of the VlJashington State Department of Fish andVViidlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and VVildlife Service. ii. Referenced inventories-afld maps are to be used as guides to the general location and extent of critical habitat. Critical habitat which is identified in subsection B5b of this--SectieA-;-OOt-A-Gt--sl:10Wf+{;H'1--the-ffiferenced inventories and maps, are presumeG-to exist in the City and are also protected under all the provisions of this section. Draft Best Availabie Science Regulation Amendments, July 13, 2004 9 313 314 315 iii. The actual presence or absence of the criteria listed above as determined by qHalified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. ·316 e.-soorelines, Streams and Lake~served). 317 a.-Applicability: (Reserved.) 318 b. Definitions: (Reserved) 319 c. Mapping: (Reserved) 320 7. Wetlands: . .. 321 a. Applicability: The \\'etland-l=egulations apply to sites containin9-Qr abutting wetlands 322 as described below. Category 2 wetiands,less than two thousand two hundred (2,200) 323 square feet in area, and Category 3 wetlands, less than five thousand (5,000) square feet 324 . in area, aremmmptfrom these regulations. (Amd. Ord. 4851, 8 7 2000) 325 b. Classification System: The following classification system is hereby adopted for the 326 purposes of regulating 'Netlands in the City. VVetlands buffer widths, replacement ratios 327 and avoidance criteria shall be based on the following rating system: 328 i. Category 1, Very High Quality Wetlands: Category 1 wetlands are wetlands 329 which meet one or more of th,e follo'Ning criteria: 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 (a) The presence of species listed by Federal or State government as· endangered or threatened, or the presence of essential habitat for those species; anGfef . (b) Wetlands having forty percent (40%) to Sixty percent (60%) permanent open water (in dispersed patches or otherwise) 'Nith two (2) or more vegetation classes; and/or (c) Wetlands equal to or greater than ten (10) acres in size and having three (3) or more vegetation classes, one of which is open 'Nater; and/or . (d) The presence of plant associations of infrequent occurrence; or at the geographic limits of their occurrence; and/or (e) Wetlands assigned the UniquelOutstanding #1 rating in the current King County VVetlands Inventory 1991 oras thereafter amended. ii. Category 2, High Quality Wetlands: Category 2 wetlands are wetlands greater than m'o thousand two hundred (2,200) square feet which meet one or more of the follo'Ning criteria: . (a) Wetlands greater than two thousand two hundred (2,200) square feet that are not ,Category 1 or 3. ' .... etlands; and/or (b) Wetlands that have heron· rookeries or raptor nesting trees, but are not Category 1 wetlands; and/or Draft Best Available Science Regulation Amendments, July 13, 2004 . • • • 10 349 .350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 .366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 • 384 385 (c) Wetlands of any size located at4R€-Rea4waters of a watercourse, but are not Gategory 1 wetlands; and/or (d) VI/etlands assigned the Significant #2 rating in the current King County Wetlands Inventory 1991 or as thereafter amended; andlor (e) VlJetlands having minimum existing evidence of human related physical alteration such as diking, ditching or channelization. iii. Category 3, lower Quality WetlaflGs: Category 3 wetlands are wetlands greater than five thousand (5,000) square feet which meet one or more of the following cFiteria: . (a) VVetlands that are severely disturbed. Severely disturbed 'Netiands are wetlands which meet the following criteria: Are characterized by hydrologic isolation, human related hydrologic alterations such as diking, ditching, channelization and/or outlet modification; and Have soils alterations such as the presence of fill, soil removal and/or compaction of soils; and May have altered vegetation. (b) Wetlands that are ne\vly emerging. Newly emerging wetlands are: .. Wetlands occurring on top of fill materials; and Characterized. by emergent vegetation, low plant species richness and used, minimally by 'Nildlife. These wetlands are generally found in the areas such as the Green River Valley and Black River Drainage Basin. (c) All other. wetlands not classified as Category 1 or 2 such as smaller, high quality wetlands. c. Maps,an~'ln\fentory: i. TheapiJroximate . location and extent of wetlands in the City is displayed in subsection Q of this Section, Maps. The map is to be used as a guide to the general location and extentofwetlands. ii. Wetlands 'Nhich are defined in subsection B7b of this Section, Classification System, but not shown on the Renton VlJetlands Map Inventory, are presumed to exist in the City and are also protected under all the provisions of this section. iii. The actual presence or absence of the wetland criteria listed above, as determined by qualified professionals, shall govern the-treatment of an individual building site or parcel of land requiring compliance with. these regulations. G.DeHneatien-o.f.Wet.Ja.fld-€Gge.;-F-oF-t1=leill:lrpese-ef-regulat~on,the--wetlam:l--et!ge-sAeuld be delineated pursuant to subsection M4 of this Soction. e.-RegulateG-and-NGflr-egulated-WetlanGs;~-Refef-to-subsectioH-M.1-a--and M 1 b . of thfs S€GOOn-for-appIiBabiJ.Hy-tl':tresl=loIds-for+egl:llatoFy-aHG-Rooreg~4So Draft Best Available Science Regulation Amendments, July 13, 2004 11 386 387 388 389 390 g~. Mapping -General: The exact boundary-of each critical area depicted on maps referenced herein is approximate and is intended only to provide an indication of the presence of a critical area on a particular site. Additional critical areas may be present on a site. The actual presence of critical areas and the applicability of these regulations shall be based upon the classification criteria for each critical area. (Ord. 4851, 8-7-2000) 391 3. Reports and Submittal Requirements: Study requirements and submittal requirements 392 are required in each regulated critical area as follows: 393 a. General Submittal Requirements -All Critical Areas: See RMC 4-3-050.F, 394 Submittal Requirements and Fees. and RMC 4-8-120, Submittal Requirements Specific 395 to Application Type. 396 b. Exempt Activities, Study Requirements: See RMC 4-3-050.C.4.c, Reports and 397 Mitigation Plans Required. 398 c. Aquifer Protection Area Permit Submittal Requirements: See RMC 4-3-050.H.1.e _ 399 and 4-9-015.E. - 400 d. Flood Hazard Data: Flood hazard data is to be applied pursuant to RMC 4~3- 401 050.1.1.b. Mapping and Documentation. 402 e. Geologic Hazards Special Studies Required: See RMC 4-3-050.J.2, Special 403 Studies Required. 404 405 f. Habitat Conservation Assessment Required: See RMC 4-3-050.K.2. Habitat Assessment Required. 406 g. Streams and Lakes Studies Required: See RMC 4-3-050.L.3, Study Required. 407 h. Wetlands Studies Required: See RMC 4-3-050.M.3. Study Required. 408 C. APPLICABILITY -EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 409 1. Applicability:-Unless determined to be exempt from permitting and standards, all proposed 410 development, fill, and activities in regulated critical areas and theirbuffers shall comply with the 411 requirements of this Section. Expansion or alteration of. existing activities shall also'comply with the - 412 requirements of this Section. Any person seeking to determine whether a proposed activity or land 413 area is subject to this Section may request in writing a determination' from the City. Such a request for 414 determination shall contain the information requirements specified by the Department Administrator. 415 a. Aquifer Protection Areas -Compliance with Regulations: The following developments, 416 facilities, uses and activities shall comply with the applicable provisions and restrictions of this 417 Section and chapters 4-4, 4-5, 4-6, 4-9, and 5-5 RMC for the APA zone in which the _ 418 developments, facilities, uses and activities are located, except as preempted by Federal or State 419 law: 420 i. Development Permits: Development permits shall be reviewed for compliance with the 421 aquifer protection requirements of this Section. 422 423 ·ii. Facilities: Facilities, as defined in RMC 4-11-060, Definitions F, which are existing, new, - or to be closed are subject to this Section as specified below: ' Draft Best Available Science Regulation Amendments, July 13, 2004 12 • • • 424 • 425 ~26 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 tt1~ 448 449 450 451 452 453. ·454 455 456 457 458 459 460 461 462 463 464 (a) Existing Facilities: All owners of facilities which store, handle, treat, use, or produce hazardous materials or have done so in the past, must comply with the permit requirements, release reporting requirements, and closure requirements as set forth in this Section; (b) Existing Facilities -Limitation on Material Increase: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the quantities of hazardous materials stored, handled, treated, used, or produced in excess of quantities reported in the initial aquifer protection area operating permit with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by subsection . C.8.!!e(ii) of this Section, Prohibited Activities -Aquifer Protection Areas, Zone 1; (c) New Facilities: All proposals for new facilities within any zone of an aquifer protection area must be reviewed for compliance with this Section prior to issuance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced; (d) Abandonment: No person, persons, corporation or other legal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facility in an APA without complying with the requirements of RMC 4-9-015.F, Closure Permits, and permit conditions of this Section; iii. Hazardous Materials -Use, Production, Storage, Treatment, Disposal, or Management: Persons that store; handle, treat, use, or produce a hazardous material as defined by -chapter 4-11 RMC, Definitions, shall be subject to the requirements of this Section, and as further specified below: (8) All appli~ations for development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced at a location in the APA must be reviewed for compliance with this Chapter by the Department prior to approval. (b) The focus of review for all permits will be on the hazardous materials that will be stored, handled., treated, used, or produced; and the potential for these substances to degrade groundwater quality. (c) An inventory of hazardous materials on forms provided by the Department shall be submitted to the Department upon application for a development permit. (d) Where required by the Department, plans and specifications for secondary containment shall be submitted and shall comply with subsection H.2.d(i) of this Section, Secondary Containment -Zones 1 and 2. Development permits shall not be issued until plans and specifications for secondary containment, if required, have been approved by the Department. (e) The Generic Hazardous Materials List attached and incorporated as subsection R of this Section is provided for informational purposes. iv. Application of Pesticides and Nitrates: Persons who apply pesticides and/or fertilizer containing nitrate in the APA, except for homeowners applying only to their own property, Draft Best Available Science Regulation Amendments, July 13, 2004 13 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 I 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 shall comply with subsection H.3 of this Section, Use of Pesticides and Nitrates -APA Zones • 1 and 2. V. Construction Activities: Persons engaged in construction activities as defined in RMC 4- 11-030, Definitions C, shall comply with subsection H.7 of this Section, Construction Activity Standards -Zones 1 and 2, and RMC 4-4-030.C.7, Construction Activity Standards -APA Zones 1 and 2; vi. Fill Material: Persons placing fill material on sites within the APA shall comply with subsection H.8 of this Section, Fill Material, and RMC 4-4-060.L.4, Fill Material; vii. Fuel Oil Heating Systems: Owners of facilities and structures sh~1I complywith subsection C.8.e(i)(9) and C.8.e(ii)(6) of this Section, Prohibited Activities -Aquifer Protection Areas, Zones 1 and 2, relating to conversion of heating systems tofuel oil and installation of new fuel oil heating systems. viii. Pipelines: Owners of pipelines as defined in RMC 4-11-160 shall comply with subsection H.6 of this Section, Pipeline Requirements; . . ix. Solid Waste Landfills: Owners of existing solid waste landfills shall comply with subsection H.9 of this Section, Regulations for Existing Solid Waste Landfills -Zones 1 and 2; x. Surface Water Systems: Surface water systems shall meetthe requirements of subsection H.S of this Section, Surface Water Requirements, and RMC 4-6-030.E, Drainage Plan Requirements and Methods of Analysis; xi. Unauthorized Release: All persons shall comply with subsection H.1 0 of this Section, Hazardous Materials -Release Restrictions -Zones 1 and 2, and RMC 4-9-01S.G; Unauthorized Releases; xii. Wastewater Disposal Systems: Owners of structures that are connected to existing on- site sewage disposal systems and proposed wastewater disposal systems shall comply with subsection H.4 of this Section, Wastewater Disposal Requirements, and RMC 4-6-040.J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. b.SOOrelines. Streams and lakes: (Reserved) 2. Permit Required: a. Permit Required .,.. Development or Alteration: Prior to any development or alteration of a property containing a critical area as defined in subsection B of this Section, Applicability':'" Critical Areas Designations/Mapping, the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. If a proposed activity is not exempt and does not otherwise require a development permit, but is subject to this Section, the Department Administrator shall determine whether to grant.or deny a separate critical areas permit based upon compliance with applicable standards and regulations of this Section. Draft Best Available Science Regulation Amendments, July 13, 2004 14 • • • 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 .27 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 .46· b. Aquifer Protection Area -Operating and Closure Permits: Aquifer protection area operating permit and c.losure permit requirements are contained in RMC 4-9-015, Aquifer Protection Area Permits. 3. Finding of Conformance Required: a. General: Conformance with these critical area regulations shall be a finding in any approval of a development permit or aquifer protection area permit, and such finding shall be documented in writing in the project file. b. Aquifer Protection Areas: No changes in land use shall be allowed nor shall permits for development be issued if the Department finds that the proposed land use, activity, or business is likely to impact the long-term, short-term or cumulative quality of the aquifer. The finding shall be based on the present or past activities conducted at the site; hazardous materials that will be stored, handled, treated, used or produced; and the potential for the land use, activity, or business to degrade groundwater quality. 4. Letter of Exemption: a. When Required: h-Aquifer Protection, Flood Hazards, Geologic Hazards, Habitat Conservation, Streams and Lakes, Wetlands: Except in the case of public emergencies, all exemptions in subsections C5, C6 and C7 of this Section require that a letter of exemption be obtained from the Department Administrator prior to construction or initiation of activities. "ii-Shorelines, Streams and lakes: (Reservedt b. Applicability of Section Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any listed conditions or requirements. Exempt activities do not need to comply with mitigation ratios of subsection M11 of this Section, Wetlands Creation and Restoration, or subsection M12 of this Section; Wetland Enhancement, unless required in exemption criteria. c. Reports and Mitigation Plans Required: A critical areas report for the specific critical area affected, and/or enhancement or mitigation plan shall be required pursuant to subsections Hto M, unless otherwise waived by the Department Administrator. &g. Administrator Findings: In determining whether to issue a letter of exemption for activities listed in subsections C5, C6, and C7 of this Section, the Administrator shall find that: i. The activity is not prohibited by this or any other chapter of the RMC or State or Federal law or regulation; ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored, unless the exemption is a wetland below the size thresholds pursuant to subsection CSf(i) and C5f(ii). Draft Best Available Science Regulation Amendments, July 13, 2004 15 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 iv. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. 5. Specific Exemptions -Critical Areas and Buffers: Specific exempt activities are listed in the following table. If an "X" appears in a box, the listed exemption applies in the specified critical area and required buffer. If an "X· does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term "restoration" means returning the subject area back at a minimum to its original state prior tofollowing the performance of the exempt activity. Activities taking place in critical areas and their associated buffers and listed in the following table are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued per sUbsection C4 of this Section, Letter of Exemption. Whether the exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. . EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS ; Aquifer Flood Geologic Habitat Shorelines/Streams.l ! EXEMPT ACTIVITY Protection Hazard Hazard Conservation and Lakes i (ReseMld): Class 2 to i Wetlands Area Area Area Area 1 I I a. conserv.~tion, ~nhancement, Education and Related Activities: . ; .' , ; ; X , Conservation or preservation of soil, .X' X X . I X water, vegetation, fish and other I . I . il I . ~~::~~~~:~~~r~~~:~!~i~n: o· . . L:JG10' I wildlife .. ' '. . . I' ~============~:~========~I I ii. Enhancement activities as DI:lr-:!I·r-:-l.1 X X defined in chapter ~ RMC. . CJL..:.J~ iii. Approved Restoration/Mitigation: I L:J11 IO:======::=; I Any crit~cal area and/~~ bu~er I I i restoration or other mitigation ·1 X' X I X I X X I ~Gti'lities ) .... hiG~a~ti~~tie~.~at have I II I "" ... _._ ....... '. ., :.1 .. I een appr~~= ... y '" ~ .. I. . . j .. L... J _ _ . ...... .......... . ..... . lib. Research .. and Site Investigation: X Draft Best Available Science Regulation Amendments, July 13, 2004 16 • • • • • • w=--::::-....::::-EXEMPT ACTIVITIES -PERM~~~·~ WITHIN CRITICAL ARE~S A~~ ASSOCIATED BUFFERS ~ If ..... ~ ................. ~._._ ....... ________ ... " ... H. ___ m. ____ ••• H._. ___ .. __ ._._. __ ... _.:;:.._ .......... _. __ • ____ ._ .. _.--.--...... --.-----... -.. -....... : .... -•...... --.. --... -.-.... -.. -.. -.. ----.. -... --___ ... __ ~ .. _ ... __ .. _ ......... _ •. _._ ... _ .... J I[ ! I ShorelineslStreamsi I EXEMPT ACTIVITY p~i~~~~n! :~~~~d ~eaO~~;~Cj CO~S~~:~ion and Lakes Area I Area Area i Area (Reserved): Class 2 to i I J ~ !~========::====::==~ i soil logs, percolation tests and I other related activities. i Investigative work shall not i disturb any more than five I percent (5%) of the critical ! area and required buffer. In i every case, impacts shall be ! minimized and disturbed I areas shall be immediately ! restored at a 1: 1 ratio. L Wetlands I:=~=' =~=9=~i=~=U=lt=u:::r=al=,=H=a=rv=e:::s=t=in=g=,=v::;-er=g=e=t=at:::i=~=~:::::;.~_~~~~_e=m'1r=e=n=t:==;r==== __ ·_= __ =. __ =]r_ .. =_ =======;r=======;-J i i. Harvesting Wild Foods: The I i I harvesting of wild foods in a I I : manner that is not injurious to ' 1 natural reproduction of such I X I ! foods and provided the Xl! X ' I harvesting does not require ! ! i tilling of soil, planting of crops ,.11 Jl i or alteration of the critical I ., l:=a=re=a='=========~:====~_J __ _ i ii. Existing/Ongoing . I Agricultural Activities: Existing i and ongoing agricultural I activities including farming, ! horticulture, aquaculture I and/or maintenance of I existing irrigation system. j Activities on areas lying fallow ! as part of a conventional i j rotational cycle are part of an .1 i ongoing operation. Activities ' I wJ::Ii6I:l-that bring a critical area' I i into agricultural use are not ! X I part of an ongoing operation. I ! Operations cease to be . ! I ongoing when the'area on X X I' X i which it was conducted has ,I 'I i been converted to another , i use or it has lain idle so long i that modifications to the' I ilhvdrolOgiCal regime or the I' I removal of native vegetation I,' , are necessarv to resume III: i operations.An oporatioo Ii, I I' i oeases-te-be-oogGiA!}WAefl . i tho area on which it was Ii :i1GOO!M;teti-Ms-beeA II I I : converted to aootReHlse-9f III I ' ;;~: __ j .... ~"J~.""i"" ... '''' ... = .... = ..... = ..... = .. _.=:~'-''Il_=_ ==,= .. "" ... = ...... =, .. ...ll ... ~=.,~.,=~.=,= ........ _ ........... _ ............ _._ .. , _ .................... . Draft Best Available Science Regulation Amendr:nents, July 13, 2004 X J X 17 r,==-----_.: ----IL ____ EXEMP.T ~c:nv~~~~~~~~~~ ~I~_HI~_~_RI:~~~.~REAS ~ND ASSO.~IATED B~FFERS I Aquifer Flood Geologicl Habitat shqreli~e~/~treamsl . I EXEMPT ACTIVITY Protection Hazard Hazard I Conservation ELL a es i Wetlands 'I' Area Area Area I Area (Reserved~ Class 2 to I I !~======~~============~~========~I I necessary to resume I I operations. Maintenance of I existing legally installed . ,I irrigation, ditch and pipe systems is allowed; new or iii. Dead or Diseased Trees: expanded irrigation, ditch, I outfall or other systems are I not exempt. Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazard trees which have been certified as such by a forester, registered landscape architect, or certified aroorist, selection of which to be approved by the City based on the type of information required, or the City prior to their removal. Allo' .... ed in I habitat consorvation areas and wetlands when approved by the State Department of Fish and \''Jildlifo, 'Nhere applicable. x x I ~ X X: Limited to cutting of hazard trees; such hazard trees shall be retained as large woody debris in the stream/buffer cOrridor, where feasible. X: Tree cutting of hazard trees or other woody vegetation accomplished such that trees are-retained in the wetland and buffer where feasible. ll~d=.=s=u="=a=c=e=_vv=a=t=e=r:========rr=====~~==~r=_=_= __ =_~.r-========~==============~========~II Ii. New Surface Water Discharges: New surface water discharges to wetland Categories 1, 2 and 3, or buffers of Categories 1, 2 and 3, and to streams or lakes , from detention facilities, I presettlement ponds or other I surface water management . i structures; provided, the , discharge meets the I requirements of th~ Storm and ! Surface Water Dramage I Regulations (RMC 4-6-030); \ will not result in significant· . I adverse changes in the water temperature or chemical \ characteristics of the wetland I or streamllake water sources; I and there is no increase in the I ~~~~~g ;:~o~fs~~%~~~:tSt~e X X j change in hydrologic regime . \ ~?l:I'.9_~~~~I~}~jlD;:,=Cl=!~,f== ..... =. ___ =._ .. = ...... = .. --djl= .. -= ... -.=-... -==dl=.==",d!l=c,"=,==,-"o='=====~=====c===cc=,-~,,======dl Draft Best Available Science Regulation Amendments, July 13, 2004 18 • • • • • • .[[ __ ... ___ .. _.~~E.~.~.~ .~~;;~'i'~~=~~~~_'~~~_~'.i.~.'~.:~~~~:~~ AREA~_.~~_~ AS:~_~~~~·~ •• ~-~F~~~: ___ _ 1.1 I Flood I Shorelinos/Streams! I , Aquifer Geologic! Habitat I EXEMPT ACTIVITY Protection Hazard Hazard Ii Conservation and Lakes . I Area Area Area Area (Reserved): Class 2 to: Wetlands I I l' I -_...J:==~:===::===i~=====i:i========::;====~1 I improved wetland or I I shoreline/stream/lake ! I functions and values. Where I i differences exist between I I these regulations and RMC 4- 6-030, these regulations will take precedence. :r=====--=-=-=-=-~--=-=-=""=""'="""=-=""'~--~-~-=-=-====;~-=-==~~====~~======~ I ii. New or modified Regional II I Stormwater Facilities: i Regional stormwater I I management facilities to be , operated and maintained I I under the direction of the City ! I StOFFA'I.'ater Surface Water ' Utility that are proposed and I designed consistent with the I Washington State Department of Ecology Wetlands and Stormwater Management Guidelines or meeting equivalent objectives. For '1 habitat conservation areas, this exemption applies only to I Ca!egmy 1 wetlands. iii. Flood Hazard Reduction: ! I Implementation of public flood '\ hazard reduction and public I surface water projects, where I I habitat enhancement and 'I ! restoration at a1:1 ratio are . , provided, and appropriate i Federal and/or State I I· auth?rization has been .\ . received .. I : ------....... --. X I ! I I I ! ! I ! ! ! , X I e. Roads, Parks, Public and Private Utilities: 1~======~r===~==~=~==~=====~~====~1 I i. Relocation of Existing i I Utilities out of Critical Area ! ! and Buffer: Relocation out of ! ! critical areas and required I ! buffers of natural gas, cable, I ! communication, telephone I i and electric facilities, lines, I i pipes, mains, equipment and I i appurtenances, (not including i ! substations), with an i X X X X I associated voltage of fifty five I 'I I thousand (55,000) v~lts or I ! less, only when reqUired by a il ! local governmental agency, iii i il~!1~_~i!~t.~~_?'pp'!.~~al.o=!=.!=~e, .. ~ .. = .... cl..J~ ... = ...... = ....... ,= ..... = ....... = ..... =-cl.j.'o...i. =.= .... = ..... = ...... cl.Jk===~=====~========c!.!=~ .. = .... = ...... = .... = ... = .... =.-= ..... 2)] Draft Best Available Science Regulation Amendments, July 13, 2004 19 I 1[. -~EM~T AC~IVITJ~S-PER_MITTED WITHIN CRmC,,=AR~S AND ASS()(;'ATED BU~~~ .. 1 i I Aquifer Flood Geologic Habitat ShorelindOLS/Sktreamsi i I' EXEMPT ACTIVITY an a es ! Protection Hazard Hazard Conservation I (ReSOMd): Class 2 t I Wetlands I I Area Area, Area Area ~ 0; , I City. Disturbed areas shall be D, DD I ~====~I I restored at a 1:1 ratio. I!=========~:====l;:==::::;;====;:====~:=========i II I II ii. Existing Parks, Trails, Roads, Facilities, and Utilities -Maintenance, Operation, I Repair: Normal and routine maintenance, operation and i repair of existing parks and I trails, streets, roads, rights-of- way and associated appurtenances', facilities and utilities where no alteration or I additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities to meet established safety standards. The use of X X 2S heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. . i ! I ! i I I I i I I I i 1 I I X I ! ! I I I I I ! I I I I I :===-=-'='-=---=-========~f-='==-=-~f=====i:====~~===-=---="~F-=-=-=-==--=--======i~======~1 iii. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right~of- Way or Easements: Within existing and improved public road rights-of-way or easements, installation, construction, replacement, operation. overbuilding. or alteration of all natural gas, cable, communication, telephone and electric facilities, lines pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-ot-way, this ~xe..':!:l.e!i~!.l.,~C?~S not apply. -. _V~.'~ X I X I ! I I I I I I ,II ' i I J I __ JL I Draft Best Available Science Regulation Amendments, July 13, 2004 X-X 20 • • • • • • ~;;';~CTIV_I11~~~M-'-rrED>V'~c:I<ITlC~~R~A~ AN~ ~~~OCI~BU~~ _ _ I I =-J A'f Flood Geologic! Habitat Shorelines/Streams! I II EXEMPT ACTIVITY P qtu1;r n Hazard Hazard," Conservation and Lakes I Wetlands ro ec 0 {Rese~: Class 2 tOl I Area Area. Area' i Area 4 ; I I -!l-= __ ---ll I;~~;~'~~~~;~~~~~n DDDDl_ __ .. ID I iv. Modification of Existing I ,1.1 I Utilities and Streets by Ten ! Percent(10%) or Less: I I I Overbuilding (enlargement I I I, beyond existing project ! I l needs) or replacement of I I I existing utility systems and i :.1 , replacement and/or 1 !I' rehabilitation of existing k 11;1 I streets, provided the wor I does not increase the footprint X ; I of the structure, line or street :1. ! by more than ten percent 'II (10%) within the critical area I , and/or buffer areas. This I I exemption allows for 10% ! II' maximum expansion total, life III' of the project. After the 10% ! expansion cap is reached. . I future improvements are . I I subject to all applicable I" x ! , I I ! x I provisions of RMC 4-3-050. '1[===========~F===~~===::===iJL"'===:;:;:'''=~F========iF=====~I ~ - . -r ! v. Vegetation I I Management/Essential Tree i ! Removal for Public or Private I I Utilities, Roads, and Public X: Tree cutting i Parks: Maintenance activities, i and vegetation I including routine vegetation X: Trees shall be , i management and essential I tree removal, and removal of . I non-native invasive vegetation i or weeds listed by the King i County Noxious Weed Board i or other government agency. i road rights-of-way and X X X retained as large I woody debris in the I management accomplished such that trees stream/buffer corridor.! are retained in where feasible. i the wetland and I buffer where feasible. ! for public and private utilities, II' _J ! easements, and parks. i~~~~.=· ~~I. I f. Wetland Disturbance, Modification and Removal: I~'==============~r=====~==~====~======~r===========~========~l I i. Any Activity in Small ! I [I I I I Category 2 Wetland: Any I i activity affecting a single. 1,,' .' ... , •..... , 1 '.' III ~ I hydrologically isolated ~, i Category 2 wetland no greater X I i than two thousand two I I~ ~hii ... ~~~~~?~~;=~d~~te!~::~m~;£:r!=::=ii:3'i:i=;=~e=~~~f~:±:d:~:=1l .. = ..... = ...... = ...... =.= ..... = .. = ..... JJl."' .... = ... = ..... = ..... = ..... d.11h ..... , .. "" '="c, ....... ,1=,."" .. = .. = ..... = ..... = ..... = .. ,.=.!Jl= .. = .... = ... = ..... = .... = .. = ..... = ..... = ...... = ..... = ... =. ~=~"'-'..l.= .... =. ,==.~."c~~'c~==,ij Draft Best Available Science Regulation Amendments, July 13, 2004 21 ~XE~P~A:rI\ll~.".S -=:'ERMITIED WITHIN CRI~~R~ AND ASSOCIATED B~~I<S __ ~ ! ! Shorelines/Streams! 1 ; Aquifer Flood Geologic! . Habitat i I EXEMPT ACTIVITY Protection Hazard Hazard I Conservation and Lakes ! Area (Reserved): Class 2 to! Wetlands I Area Area I ·Area ~ I I:i~~~f~!~~s~~~~n n~~~~~~ae~~~I~~~~~fi~I~~eJ~o~rt~~~::! ~~~_ ·~~~:IDDD[~=· =======~[:=. ==. =' ·==]~I i ii. Any Activity in Small I I , Category 3 Wetlands: Any j' I activity affecting hydrologically . ! isolated Category 3 wetland ! I no greater than five thousand I' j (5,000) square feet when ! determined to provide no or ! I insignificant functions based I I on a wetland report prepared j I ! I I I X .1 I i ! by a qualified professional. ! 1:============::==~;r=~:===::::;:==::::::::::==:;=======::;:====::::1 I iii. Temporary Wetland " Impacts: Temporary disturbances of a wetland due ! to construction activities that do not include permanent filling may be permitted; provided, that there are no I permanent adverse impacts to the critical area or required I buffer, and areas temporarily disturbed are restored at a 1:1 ratio. Category 1 wetlands and Category 2 forested wetlands shall be enhanced at a 2:1 ratio in addition to being restored. For habitat conservation areas, this exemption applies only to Category 1 wetlands. X g. Maintenance and Construction -Existing Uses and Facilities: i. Remodeling, Replacing, Removing Existing Structures, Facilities, and Improvements: Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence on the date this section becomes' effective and that do not meet the setback or buffer I requirements of this section I provided the work complies . with the criteria in RMC 4-10-I 010G, Nonconforming ~:~Viti.:~~. _. •. I .. 'X -- I I ./ ! X ! I I I I i i ! I I i ~-'¥---'" I Draft Best Available Science Regulation Amendments, July 13, 2004 X .- X-X - 22 • • • • • I[ EXEMPT ACTIVITIES --;~~;;I';;;~'~ITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS-"'-:'l 1 ....... u ••• _._ •••• _. __ • ___ ·_······_... ••• .---••• --.--•• -•••••• ---••• -.------•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• : ......................... -.--•• ------_·· ___ ••••••• ____ ••• _m_ .... ••• ••• ·_ ........... •••••••• ..................... ----.-........... -...... ---........... ---................. __ ..................................... i I Aquifer 11 Flood Geologic Habitat ShoreliAos/St~eamsi I 1 I EXEMPT ACTIVITY Protection I'! Hazard. Hazard Conservation and ~akes i Wetlands I I Area i Area i Area Area {RoseJ'V.OG}, Class 2 to t I i i 4 i ---JL'_~ -! I ii. Maintenance and Repair -L I Any Existing Public or Private I I Use: Normal and routine I ! maintenance and repair of any I I existing public or private uses I i and facilities where no ! I alteration of the critical area \1 1 , ' and required buffer or additional fill materials will be placed. The use of heavy I· construction equipment shall I be limited to utilities and I I public agencies that require I I this type of equipment for ! normal and routine I I maintenance and repair of I i existing utility or public I I structures and rights-of-way. I In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. iii. Modification of an Existing Single Family Residence: Construction activity connected with an existing single family residence and/or garage; provided, that the. work does not increase the footprint of the structure lying within the critical area or I buffer; and provided, that no portion of the new work . occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can i meet required buffers. ! . Existing. oow-or rebuilt accessory structures associated with siflWe familysingle-family lots such as fences, gazebos, storage I sheds,~ , J::Ioo.sesplayhouses are I exempt from this Section. Newl accessory structures may be I allowed when associated with I , single family lots such as i f b t "; ences. q~z~gs!_s 0~~9€!."","_" i X X I I X X I 1 , i i I I , I I i i I i J \ ! J Draft Best Available Science Regulation Amendments, July 13, 2004 X X 23 I I I ~II',.L==== ___ ==:=--=-=~-==============================================~ .. EX:~~~ ~:~I~~~I~S -=-PE~~~~.~D~I~H~~_.:~IT~:AL AREAS ~ND ASSO:~~~=~.~~~~:~~_. ____ ._ . .1 . i I I ' I =-J Aquifer Flood Geologic Habitat Shorelinos/Streams! I I EXEMPT ACTIVITY ". Protection Hazard Hazard Conservation and ~akes ! I Area Area Area Area {Ro~ Class 2 to j ' I ~~~E~:~:!~~~~l~~;; D_. DL_JDl .. JD==_=·=~====" Wetlands iv. Existing Activities: Existing activities which have not been changed, expanded or altered, provided they comply with the applicable requirements of chapter 4-10 iRMC. . h. Emergency Activities: i. Emergency Activities: Emergency activities are those which are undertaken to correct emergencies that threaten the public health, safety and welfare pursuant to the criteria in subsection C9b of this Section. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this section, to avoid an immediate threat to. public health or safety,'to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation. ii. Emergency Tree/Ground Cover Cutting or Removal by Agency or Utility: Removal of trees and/or ground cover by any City department or I agency and/or public or private utility in emergency ! situations involving immediate danger to life or property, substantial fire hazards, or interruption of services x x I X provided by a utility . . __ .. ___ . __ ._. ___ . ___ . __ ._ ......... __ ................... _._..1 . ___ .... _ ...... _ .. __ .. ;:::::::::_. __ =. __ ==; I iii. Emergency Activities in ! I Aquifer Protection Area: , ! Public interest emergency I . II use, storage; and handling of hazardous materials by I governmental organizations. x x x X I ! I I I I , I I X I X f ! ______J _ _ __ . __ Downed hazard trees! shall be retained as i x X X: Tree cutting and vegetation management accomplished such that trees large woody debris in are retained in the stream/buffer. i the wetland and buffer where I feasible. J _ ____ __ .. _ .. _.__ .. _______ ... __ .. _ ..... ___ .. _____ ... ___ .... ___________ ,._ Draft Best Available Science Regulation Amendments, July 13, 2004 24 1 _____ _ • • • • • 567 568 569 570 571 572 573 • --------~~ .. -.~ .. -----.-----------------------.--_ .. __ ._. __ ._ ..... . EXEMPT ACTIVITIES -PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS I •••.•.•.... M........ . .•.••..•••.•. ~ •• _.__ .....• _ •••. _H .... H •. H •. V._.... . •.•••••• H········H. •... ·········.·H ..••• H· ...•. H·.··.··.·H·_.· ... ___ • _ .. _-----_ ...... -...... -.-.--.. ~ ..... -... -.. --..... -.-.-..... ....................... -. .•• __ •• _---_._ •..... _ .. _1 I GeOlOgiC' Habitat I Shorelines,lStreamsl I j EXEMPT ACTIVITY . and Lakes ; . Hazard Conservation IO"~,, ~,. CI 2 t i Wetlands i I Area I Area Area Area! ....-==F¥e'1 ass 0 I", i i _. I I !~==============~~====~==~~==~========~==========~b=======~1 iii. Hazardous Materials: I I. ----..... ---.. ---.---.. -------.-.--.... -.. --.-................. r: ... :::; .. -.;;;;;; ... _:;:::. ===jj===;r===:;:::-:.:; .. ;;;;: ...... :=-1·1"···;;;;;;·-··:.:;· .. ·;;;:;·····;;;;;;······:::;:····;;::····=·····::::;· -::::;. ===·-1·1' =====:;1 i i. Federal or State Pre-, ! II emption: Cleanups, ! monitoring and/or studies i I undertaken under supervision i 'I of the Washington X1 i I Department of Ecology or the !.; , U.S. Environmental Protection Agency. j 1F===========~==~r-·=--=-·==~~····=·-=·····~F====~~====~F=-=-==--=-=·====~~======~I ii. Use of Materials with No i Risk: Use, storage, and I I handling of specific hazardous i II materials that do not present a X1 III I i risk to the aquifer as i I determined and listed by the I I I,~:::::~us malerial, activtty, and/~~cil.;;~Ih;;S exempt pu",uant to Ihl~ s,;ctio;;-;;~s a S;gnffi~nl or substantial potential to degrade groundwater quality, then the DepartmentAdministrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility . 6. Limited Exemption~: Activities ~that are exempt from some, but not all provisions of this Section are listed in the following table. If an "X· appears in a box, the listed exemption applies in the specified critical area and required buffer. If an "X· does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of RMC Chapters 4-8 and 4-9, or other applicable sections of the Renton Municipal Code. L LIMITED EXEMPTIONS -WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS . EXEMPT ACTIVITY I Protection Hazard I Hazard Area: Conservation I Streams/.-and ., Aquifer ['FlOOd i Geologic i Habitat i 1<'1 'lWetlands I J __ ~a .~:.J _~_J~eaJ~~;;;';;J j ( ! I i i l'-IS~-·~-=-~e-.~-'~-~S-ta=f~n""'r e .... ~:-:-:;~-,·····~-~z-:··~::-···~.,.-:~..,..i~-:-,.I--,I ;:::." ==X=1==a(~~S_M_~~~~.~~~-r.-._ .. _._ ... _._. __ . ____ .... , ........... -....... -...... , ........... --.. -.... ______ ...... ___ . ____ ..1 materials offered for sale in i ."'",., .. 1 eir original containers of five !,i.I' (5) gallons or less shall be . ~xempt from requirements in II I :subsections H.2.d{i) through '; Ii kVi) of this Section and the i! irequirements pertaining to Ii \removal of existing facilities in i! !subsection H.2.a{i). i i 1.... ................... _._ ...... jL .. Draft Best Available Science Regulation Amendments, July 13, 2004 25 I C-:-~~~-:-~~-'::~~~:~ED EXEMPTIONS -WITHIN CRITICAL AREAS AND ASSO~!~~=E=;D;::::B=U=F:::::F=E=R=S=::;-;::::==~i : EXEMPT ACTIVITY ! Aquifer Flood I' Geologic i Habitat : N' : [Wetlands! i I Prolection Hazam Hazam Area' Conservation i Streams;. and I I I ~,. ____ J;==A=r::;ea==;:J ~:~_)~:;;.~~ ____ J I ii. Activities Exempt from I X1 I I Specified Aquifer Protection I ,I i Area Requirements: The , I ollowing are exempt from I requirements in subsections i H.2.d(i) through (vi) of this I Section, the requirements ! pertaining to review of ! ! proposed facilities in subsection I C.B.e of this Section, Prohibited i ~ctivities -Aquifer Protection ! ~reas, and the requirements I pertaining to removal of existing i ~acilities in subsection H.2.a(i). I (1) Hazardous materials use, I fstorage, and handling in Ge.-de- j minim us amounts (aggregate i quantities totaling twenty (20) I gallons or less at the facility or j construction site). Weights of i solid hazardous materials will 1 be converted to volumes for ! purposes of determining ! whether ee-de-minimus i~mounts are exceeded. Ten. i (10) pounds shall be X1 I I I I I i :======: I considered equal to one l~allon.) :'----.. ----.. -.... --.............. --...... -.. -.... --.---'---_.-,----:====~:=--====~;::===; ! (2) Noncommercial residential I X1! I. I I use, storage, and handling of I . ! ! hazardous materials provided I I 1 hat no home occupation . I ' I business (as defined by chapterll I I I i 4-11 RMC) that uses, stores, or I I I I i handles more than twenty (20) ! II, I, I i ~allons of hazardous ~aterial isl 'Ii ',i. I j pperated on the premises. i I '---___ ...... ____ .. , .............. _ ...... _ ............. ______ -1 ~=====:; <------.. ___ 1 __ ,---..JJ __ .. _ ... _ ... ,.,_._:...... ___ ._-..1 :====i I (3) Hazardous materials in fuel I X1 I II ! i ! anks and fluid reservoirs. I 'I i i ! attached to a private or i : I : i J i commercial motor vehicle and I . I I II ! used dir~ctly in the operation of I ' iii, i hat vehicle. I ! i i~~~~:~~~e'lsll~~[~-=c:::t=-11r-_--_-~----_-_--:--.. --.... -.. ---,~[· '~~Jr _ I ~5) Hazardous materials used, :1 X1 II 'DODD .~t~~::~~;;;;~,~li=====""lL==._=_=l 'I. ~_J~_' I ' ,I Draft Best Available Science Regulation Amendments, July 13, 2004 26 • • '. • • • r;:=:===~:::::=:::::::.:::::::.::::::===~~-------'--:':;;;":;:"";;":=--:::' ::;::::-:~-:.~-:===';:::=::=:~=====;:::::::::::====:::;::::::======:::--====1 ::,::1 ::::;::::::::::::::::=:=:::::::::::::L:::I=M::::IT=E=D=E=X=E=M=P;rr=I=O:=N=S:::;-=W=IT:;;H;:::IN_~~~:'~:~r::~:=A::::::R:=E=:A=S=A=Nir.D:::;::::::A:::;::S=S=O=C=IA=T=E::::;-D;:::B=U=F=F::=E=~=S::::::=. ::::;-;::====:::;' EXEMPT ACTIVITY I 'I Aquifer 1 Flood Geologic: Habitat I N' : Wetlands i ! Protection i Hazard Hazard Areal Conservation i Streamsf.. and I I Ii Area : ~rea I Area l~~kes:: I I ___________ . __ . __ ,., .. _. Il, ...... __ . ____ . ______ , ~ ___ ._. ___ .. __ ... ___ .. " _ ! ! Class 2 to 4! : __ ~ _ ... . ... _ .. _. ______ J __ . __ ----1 _. ___ .. _. __ .. __ ........ _ ....... __ j _. ____ .. __ .1 Fperations. II II J[ II II II I (6) Fueling of equipment not 1'1 X1 ! licensed for street use; ! I provided, that such fueling 'I' i I activities are conducted in a i I !containment area that is I .... " .. ' i designed and maintained to ! I prevent hazardous materials II Ifrom coming into contact with ,i i I ~:~==i~ I I I1II I I I construction activity regulated I i I' by subsection H.7 ofthis I: : Section, Construction Activity i ,I,' Etandards -Zones 1 and 2. I i I ~==:=~ ~====~ ~==~I (7) Hazardous materials . I X1 I 'I' contained in properly operating I I I sealed units (transformers, ! I refrigeration units, etc.) that are I I',,: not opened as part of routine I use. I '-------' (8) Hazardous materials in fuel l.n1 i I !. I I ./. anks and'f1ui~ reservoirs I I 1. 11 . II'~' I",' ~ttached to pnvate or I· i , commercial equipment and Ii! I ~sed directly in the operation of i ! ! I I' hat equipment. '. II ! I I 1'=====-'1 (9) Hazardous materials in erosol cans: 1\ X1 :CJCJi=/ ===::::;I/:=========:,D ~=========~ 1 (10) Hazardous materials at 'II X1 I I 'II I I ~mUlti-famiIY dwellings, hotels, . i 'I ! II" motels, retirement homes, . ! I I I I 1 onvalescent center/nursing Ii' I : ' /homes, mobile or manufactured: ii' I Ihome parks,. group homes, andil I, I ! I jdaycare family homes or !, :! I ! , ~enters when used by owners ·1 !,' I land/or operators of such i I ! iii i ~acilitie~ for on-site operation ! II I!! i I land maintenance purposes. : !: I ' I \~:l~n~:'~~~:':~~: ~~ed t--X- 1--r', 'D:D~n' ~acility where the products are I .:! : !stored. . " I ' : ! ....................... _ ... __ ..... __ .. _ .. _._. __ .......... _.... ;, .. . _ _ .. ___ __ 1_ _ _ ! .. _ _ _____ .. 1 ______ . __ _ _: I. .: !(12) Hazardous materials 'used :r---i1-;! . i [---il :r-----1 r----: ~;~~~~t~a~fCta;: f~i~~:~-\~:::~t=o,=o,=~~~ •• o== ••• ~t~~_=~=J_=,===,.-.J I L~-.,,~".~~~=~l=-_=l Draft Best Available Science Regulation Amendments, July 13, 2004 27 I I 574 575 576 577 578 ___ . ____ . _____________ ..... __ . _______ .__.---.--.. ---.-._____ _cc ______ ._ .. _. __ ... _' __ .. ~ :=::::-- I;::: ::;:::::::::::::::::======:::=L:::::;I::::M:::=IT=E=D=E=X=E=M:::;P-rT=IO:::::N=_S::::. ;::;:-::::W=I::::Tir.H:::;:IN=C=R;=I=T=IC::;Ar.;L;:=A=R:=E=A;=S::::A=N:;r.D=:=::A=:=S=S=O::::C=IA::::T=E::;Dr.;-::::B=U=F;:FE::::R=S=::::;;:;::::_ __~ ...•... _J EXEMPT ACTIVITY 1 i Aquifer : Flood i Geologic f Habitat I ~ICtflh'l9FE,n*ffiesf ["andS ' i I Protection i Hazard I Hazard Area; Conservation I Streams/-and ! ' 11'[ Area j Area 11,_ ~ea '. I ~~,kes N\' 1 \ ... ___ ..... __ .. 1 __ ... " ____ . ~ ______ J ____ J ..... ___ ~ Class 2 to 4 j ....... _.. _: ~~:~~i~ge ;~f~~~~m~;:ds:~red I'D' IDOi" 101 soaps, hair treatments,': , I! woo~ing aids, health aids, and I -: i' I -,', I., m~~~L II' I . II ~====~~====~ iii. Uses, Facilities, and I X1 i fA,ctivities in Zone 1 Modified I ~quifer Protection Area Exem_ptl I !from Specified Aquifer -I I Protection Area Requirements: I I Facilities located in the Zone 1 II Modified Aquifer Protection Area in Figure 4-3-050.Q.1 are I I exempt from the following: I ~==~=7==~~~==~~==~~==~~====~~====~ 1) Removal requirements in X1 I , I i ; \ ! I -I I I subsection H.2.a(i) of this i Section except that the storage, 1 ! handling, use, treatment, and "I. production of f etrachloroethylene (e.g. dry-I cleaning fluid) shall continue to .,1 be prohibited; I ~~~==~~~======~~------~~----~~------~=========~==========~'==~==~I ~)Additionalfacility ~DJD-r--lCJ-D' -. I ~.~~:~~~~~ii~~~~~~~~ion 1 __ -__ . __ . ________ Jj .. _-_" .. ' -' -L~_,,_·~ .' " ,_.J ;~~;~~~~~~~r If .. :~~~1 . ·Il. 1001· j :~~:~~r~~;:~~dO~ns:~3~c J'IXiDID,r--lCJ-'D' I 0_50.C.8.e.Q(lf)(2), and _ l_~_· _______ .. _J __ J ___ .-..-J . !L _________ ~.J I ---.J ~~~~~:~it~JDDO ___ J_JO 11f a hazardous material, activity; and/or facility that is exempt pursuant to this Section has a significant or substantial! potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer! . ______ .. P~Q.!~~qD_!.~~~~.9!.!hi.~.§~~~i9.I)9.!~~~J~~~~~\f_<!.l'lt~...!~~!!!~~?I.Q_I?~~I'!l§!~.~~?E!Ylty.§I)_~Q!l~~i!i!Y.:_ ... __ J 7. Exemptions in Buffers: The activities listed in the following table are allowed within critical area buffers, and are exempt from the applicable provisions of this Section, provided a letter of exemption has been issued per subsection C4 of this Section, Letter of Exemption. If an "X" appears in a box, the listed exemption applies in the specified buffer. If an "X" does not appear ina box, then the exemption does not apply in the required buffer. Whether the' Draft Best Available Science Regulation Amendments, July 13, 2004 28 • • • • 579 580 • • exempted activities are also exempt from permits will be determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. EXEMPTIONS WITHIN CRITICAL AREA BUFFERS __ •••••••• .._ ......_ •••••• ••• ____ m _______ .J ••••••.•••• _._ •••••.•• _ ••••• _ •• _._. __ .•.• _ m.·, __ ·_ • _____ ._ •• __ •• _ •• ___ . _._ •• ____ . ___ :::::;.~= .. :::::_. =_=== i ' I Aquifer ! Flood I Protection I Hazard EXEMPT ACTIVITY I Area i Area ~ , ra. Activities in Critical Area Buffers: _ ... _-l .. m"'_m" .. _ ..................... m ... _ ............ _ ................ _;::: .. _:.:;; __ === L Trails and Open Space: walkways!1 and trails, and associated open space in critical area buffers located _"m_. __________ . on public property, or where I easements or agreements have , been granted for such purposes on I private property. All of the following ! ;~~t~:: :~~:: ::I:::y, and ,I associated open space shall be consistent with the Comprehensive I Parks, Recreation, and Open Space; Master Plan. The City may allow I private trails as part of the approval of a site plan, subdivision or other land use permit approvals. I (2) Trails and walkways shall be , located in the outer half of the I buffer, Le. the portion of the buffer i that is farther away from the critical , area. Exceptions to this requirement i may be made for: I Trail segments connecting to existing trails where an alternate alignment is not practical. i I r 1 j \ Public access points to water 1 bodies spaced periodically along the L trail. . '11 Ii (3) Enhancement of the buffer area II I I I I I I , is required where trails are located II in the buffer. Where enhancement of!! the buffer area adjacent to a trail is II : not feasible due to existing high :, ' Geologic Habitat Hazard I Conservation Area Area X X I quality vegetati~~! a?ditional buffer .11 i area or other mitigation may be n I I I £horelines,!Streamsi '8 and Lakes ! (ResOM{ij: Class 2 i Wetlands to 4 ! -j X I required. ;! i I I I (~) Trail widths shall be a maximum Ii i ! ! :1 I :::::: ~:~ag:~e;--+--iL----1 1 -~l-··-==..Jljr= ====-=-... = ... ::::::m·::::· .... =_··=I__1 i Facilities in Buffe.r: .Sto~mw~~er;1 I j X I 25. II X l;:;:~_e;~~~!~i~;~~;:;i;~~:~:~:::::mt:" .. ~ .. ::~~:_:=~ L_~:=: -J~_-==_~=-.: _ _ II m_~=_:.:.::.:=.: •• =tt====J Draft Best Available Science Regulation Amendments, July 13, 2004 29 I I --.==~:=::::::::;;:.-::"--::-";:::"'=-'-.=====================::::;'-=::'-':::-:-::::-:::--::;:;-.::;:;--::;:;-=; L ______________ . _______________ =~=~~_~!_~_~~ WITHI~ CRITICAL ~~:A_~_~~FERS ___ __ ...___ _________ J :.1.111 Aquifer 'I' Flood G I . I H b'tt I Shorelines/Streams! iB eo oglc! a I a . and Lakes \ II' Protection Hazard Hazard! Conservation I ~p -,-1\. CI 2 i Wetlands A I A A I A t'",OSO,*O"'7' ass , iii rea rea rea 1. rea to 4 , iI I . i .' -, I~====================~'I~====~~==~ ~==~I EXEMPT ACTIVITY dispersion outfall systems designed i. . . to minimize impacts to the buffer ! and wetlane critical area, where the i site topography requires their _ : I location within the buffer to allow i hydraulic function, provided the i standard buffer zone area I associated with the \\'etlane critical Ii area classification is retained Ii pursuant to RMC 4-3-050.M.6.c . .Q! !' RMC 4-3-050.L, arid is sited to I reduce impacts between ' .... etland the! critical area and surrounding ; activities. For Habitat Conservation : Areas, this exemption applies only I to Category 1 wetlands. Stormwater i management facilities located in I wetland buffers shall require buffer I enhancement or buffer averaging I, when they are sited in areas of I forest vegetation. _ J__--.J 8. Prohibited Activities: Prohibited activities are identified below for each critical area governed by . this Section. a. General -All Critical Areas: No action shall be taken by any person, company, agency, or -applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. b. Prohibited Activities -Floodways: Encroachments, including fill, new construction, substantial improvernents, and construction or reconstruction of residential structures is prohibited within deSignated floodways, unless it meets the provisions of subsection 1.4 of this Section, Additional Restrictions within Floodways. . G. Prohibited Activities Shorelines, Streams and lakes: (Reserved) rEgifcmgqete'1 Subsection 8a seems to cover the issues for water bodies.) dQ. Prohibited Activities -Streams/Lakes and Wetlands: Grazing of animals is not allowed within a stream, lake, wetland or -its-their associated buffer§. eQ. Prohibited Changes in Land Use and Types of New Facilities-Aquifer Protection Areas: i. Zone 1: (1) Changes in land use and types of new facilities in which any of the following will be on the premises: (a) More than five hundred (500) gallons of hazardous material; (b) More than one hundred fifty (150) gallons of hazardous material in containers. that are opened and handled; . . Draft Best Available Science Regulation Amendments, July 13, 2004 30 • • -•. 602 .603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 .618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 • (c) Containers exceeding five (5) gallons in size; or (d) Tetrachloroethylene (e.g. dry-cleaning fluid). (2) Surface impoundments (as defined in chapters 173-303 and 173-304 WAC); (3) Hazardous waste treatment, storage, and disposal facilities; (4) All types of landfills, including solid waste landfills; (5) Transfer stations; (6) Septic systems; (7) Recycling facilities that handle hazardous materials; (8) Underground hazardous material storage and/or distribution facilities; (9) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; and (10) Petroleum product pipelines. ii. Zone 2:' (1) Surface impoundments (as defined in chapters 173-303 and 173-304 WAC); (2) Recycling facilities that handle hazardous materials; (3) Hazardous waste treatment, storage, and disposal facilities; . (4) Solid waste landfills; (5) Transfer stations; (6) New heating systems using fuel oil stored in u"nderground storage tanks; and (7) Petroleum product pipelines. 9. Temporary Emergency Exemption Procedure: a. Temporary Emergency Exemption Purpose: Temporary emergency exemptions shall be used" only in extreme cases and not to justify poor planning by an agency or applicar:t. b. Temporary Emergency Exemption Review Authority and Decision Criteria: Issuance of an emergency permit by the City does not preclude the necessity to obtain" necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this section or any other City laws to the contrary, the Department Administrator may issue a temporary emergency exemption letter if the action meets the following requirements: " . i. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; ii. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this section and other applicable laws; Draft Best Available Science Regulation Amendments, July 13, 2004 31 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 iii. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this Section. c. Temporary Emergency Exemption Letter Process and Timing: The emergency exemption shall be consistent with the following procedural and time requirements: i. Time Limits: The emergency shall be limited in duration to the time required to . complete the authorized emergency activity; provided, that no emergency permit be granted for a period exceeding ninety (90) days except as specified in subsection C9c(ii) of this Section. . ii. Restoration Required: Require, within the ninety (90) day period, the restoration of any critical area altered as a result of the emergency activity, except that if more than ninety (90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity., iii. Public Notice Required: Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no . later than ten (10) days after the issuance of the emergency permit. If significant comments are received, the City may reconsider the permit. iv. Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Department Administrator that the action was not or is no longer necessary to protect human health or the environment. . 659 10. Nonconforming Activities or Structures: Regulated activities legally in existence prior 660 to the passage of this Section, but which are not in conformity with the provisions of this 661 Section are subject to the provisions of RMC 4 10 010G4-10-090 Nonconforming Activities. 662 (Amd. Ord. 4851,8-7-2000)~: Corrects reference to section addressing 663 nonconforming activities in critical areas.) .. 664 D. ADMINISTRATION AND INTERPRETATION: 665 1. General Provisions -All Critical Areas: 666 . a. Duties of Administrator: The Planning/Building/Public Works Administrator (the 667 Department AdministrCitor) or his/her duly authorized representative, shall have the power 668 and authority to enforce the provisions of this Section. For such purposes he/she shall 669 have the power of a law enforcement officer. 670 b; Interpretation: The Department Administrator shall have the power to render 671 interpretations of this Section and to adopt and enforce rules and regulations 672 supplemental to this Section as he/she may deem necessary in order to clarify the 673 application of the provisions of this Code. Such interpretations, rules and regulations shall 674 be in conformity with the intent and purpose of this Section. ' . 675 676 677 c. Compliance: Unless specifically exempted by this Section, the City shall not grant any approval or permit any regulated activity in a critical area or associated buffer prior to . fulfilling the requirements of this Section.· . Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 32 678 .679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 .698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 • 717 718 d. Reviewing Official: Wherever referenced in this Section, Reviewing Official refers to the decision making official or body authorized to grant permit approval for an activity. 2. Aquifer Protection: a. Inspections Authorized: The Department Administrator or his/her designee shall have the right to conduct inspections of facilities at all reasonable times to determine compliance with this Section. i. Annual Inspections: All permitted facilities in an APA will be subject to a minimum of one inspection per year by a Department inspector or deSignee. ii. Monthly Inspections: All permitted facilities in Zone 1 of the aquifer protection area will be subject to monthly inspections to determine compliance with the provisions of the Section. b. Potential to Degrade Groundwater -Zone 2: i. Potential for Impacts Equal to Facility in Zone 1: If the Department determines that an existing or proposed facility located in Zone 2 of an APA has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, thEm the Department may require that facility to fully comply with requirements for Zone 1 contained in subsections H2, Facilities, H4, Wastewater Disposal Requirements, H6, Pipeline Requirements, C8e(ii), Prohibited Activities - APA Zone1,and C1 a(i), Aquifer ProtectiQn Areas, Compliance with Section, . Development Permits. ii. Criteria: Criteria used to make the deterr;nination in subsection D2b(i) of this Section, Potential for Impacts Equal to Facility in Zone 1, shall include but ncit be limited to the present and past activities conducted at the facility; types and quantities of hazardous materials stored, handled, treated, used or prod_uced; the potential for the activities or hazardous materials to degrade groundwater quality; history of spills at the site, 'and presence of contamination on site. (Amd. Ord. 4851,8-7-2000) 3. Flood Hazards: a. Duties and Responsibilities of the Department Administrator or Designee: The duties of the Department Administrator or his/her designee shall include, but not be limited to:' i. Review all development permits to determine that the permit requirements of this Section have been satisfied; and ii. Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; and iii. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 14 of this Section, Additional Restrictions within Floodways, are met; and iv. Use-of-OtReF-Base--·F-J.oeG-Oata.;.-W-I:len base floo9--elBvaoo!Hiata has not-geeR provided in accordanw-witli--suBsection B3c of this Section, Mapping and Draft Best Available Science Regulation Amendments, July 13, 2004 33 719 720 721 722 723 724 Qecumentation, the Qepartment Administrator or designee shall Oebtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, when base flood elevation data has not been provided in accordance with subsection 11 bi of this Section in order to administer subsection 13, Specific Standards, and subsection 14, Additional Restrictions Within Floodways. rECf,mr:tS1l1Jm: Reword consistent with style of prior listed items.] . 725 b .. Information to Be Obtained and Maintained: The Department Administrator or 726 his/her designee shall obtain and maintain the following information: 727 i. Record Required: Where base flood elevation data is provided through th~ flood 728 insurance study or required as in subsection D3a(iv) of this Section, Use of Other 729 . Base Flood Data, the applicant shall obtain and record the actual elevation (in 730 relation to mean sea level) of the lowest floor (including basement) of all new or 731 substantially improved structures, and whether or not the structure contains a 732 basement. 733 ii. Elevations and Certificates: For all new or substantially improved flood proofed 734 structures: 735 (1) The applicant shall verify and record the actual elevation (in relation to mean 736 sea level); and 737 738 739 740 741 742 743 744 745 746 (2) The Department Administrator or his/her designee shall maintain the floodproofing certifications required in subsection D6 of this Section, Flood Hazard Data; and " (3) Flood elevation certificates shall be submitted by an applicant to the Development Services Division prior to the building finished floor construction. Finished floor elevation should be verified by a preconstruction elevation certificate at the time of construction of a substantial structural element of the finished floor (Le., foundation form for the concrete floor). An as-built elevation certificate will be provided prior to issuance of final occupancy, and the certificates shall be maintained by the Department Administrator or designee. 747 iii. Public Records: The Department Administrator or his/her designee shall 748 maintain for public inspection all records pertaining to the provisions of the flood 749 hazard regulations (e.g., elevati~n certificates, notification of alteration/relocation of 750 watercourses, flood hazard regulation variances). 751 c. Alteration of Watercourses: The Department Administrator, or his/her designee shall: 752. i. Notice Required: Notify adjaGeffi.abutting communities and the. State of 753 Washington Department of Ecology prior to any alteration or relocation of a 754 watercourse, and submit evidence of such notification to the Federal Insurance . 755 Administration. 756 . ii. Maintenance: Require that maintenance is provided within t~e altered or relocated. 757 portion of said watercourse so that the flood-carrying capacity is not diminished. The 758 City may require covenants, or other mechanisms to ensure maintenance. 759 760 761 d. Interpretation of FIRM Boundaries: The Department Administrator, or his/her designee, shall make interpretations where needed,as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be Draft Best Available Science Regulation Amendments, July 13, 2004 •• •• 34 • 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 .780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in RMC 4-1-050F, Hearing Examiner, and RMC 4-8-110, Appeals). (Amd. Ord. 4851,8-7-2000) e. Record Required: The Department Administrator, or his/her designee, shall maintain the records of all appeal actions and report any variances to the Federal Insurance . Administration upon request 4. Review Authority: a. Review Authority -General: The Department Administrator or his/her designee is authorized to make the following administrative allowances and determinations: i. Issue a critical areas permit for proposals not otherwise requiring a development permit per subsection C3 of this Section, Finding of Conformance Required. ii. Issue written letters of exemption pursuant to subsection C4 of this Section. iii. Allow temporary emergency exemptions per subsection C7 of this Section. iv. Interpret geologic hazards, habitat conservation, and wetlands regulations per subsection D1 b of this Section. v. Approve the use of alternates in accordance with subsection N1 of this Section and RMC 4-9-250E. vi. Waive report content or submittal requirements per subsection F6 of this Section . . vii. Grant administrative variances to those specified code sections listed in RMC 1..1.. 050,/\ and RMC 4-9-2508 and per Subsection N of this Sedion. (Amd. Ord. 4851, 8- 7-2000)rEtrtflitiJs?blq: removed reference to 4-1-050 which refers to 4-9-250.1 viii. Require tests for proof of compliance per RMC 1-3-1 E7. ix. Grant modifications and administrative variances, per subsection N of this Section. b. Review Authority -Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands: The Department Administrator is authorized to . make the following administrative allowances and determinations: i. Geologic Hazards: (1) Waive independent review of geotechnical reports per subsection J3-F.7 of this Section. (2) Increase or decrease required buffer for very high landslide hazard areas per subsection J7b of this Section. (3) Waive coal mine hazard reports per subsection J8 of this Section. (4) Grant a modification for created slopes per subsection N2 of this Section. Draft Best Available Science Regulation Amendments, July 13; 2004 35 796 ii. Habitat Conservation: Waive habitaUwildlife assessment reports per subsection • 797 K2 of this Section. 798 iii. Shorelines, Streams and Lakes: (Reserved) 799 (1) Waive water body study requirement per subsection L.3 of this Section. 800 (2) Approve QroQosals for buffer width reductions in accordance with the review 801 criteria stated in subsection L.5.c of this Section. 802 (3) Approve proposals for buffer width averaging l,2ursuant to the standards and 803 criteria stated in subsection L.5.d of this Section. 804 iv. Wetlands: 805 (1) Waive wetland ~assessment requirement per subsection M3b of this 806 Section. 807 (.:t-~) Determine whether wetlands are unregulated per subsections M1a and M1b 808 of this Section. 809 (~~) Extend the 'valid period of a wetland ·delineation pursuant to subsection M4d 810 of this Section. 811 (34) Approve proposals for buffer width reductions of up to twenty five percent 812 (25%) in accordance with the review criteria stated in subsection M6e of this • 813 Section. .. 814 (4Q) Approve proposals for buffer width averaging pursuant to the standards and 815 criteria stated in subsection M6f of this Section. 816 (a~) Authorize other category level for created or restored wetlands per I 817 subsection M11 c of this Section. 818 (6) Release !,f/etlaAe rAaiAteAaAse assl:IFity eevises per sI:I9seGtieA M~ 1a ef this 819 SestieA. (~Jsmli~: See 4-3-050G as written. New surety section prol,2osed 820 too in Chapter 1.1 821 (7) Waive requirements of this Section upon determination that all impacts on 822 wetlands would be mitigated as part of an approved area-wide wetlands plan 823 that, when taken as a whole over an approved schedule or staging of plan 824 implementation, will meet or exceed the requirements of this section (see 825 subse<?tion M9 of this Section): 826 c. Review Authority -Aquifer Protection Areas: The Department Administrator is 827 authorized to make the following administrativei allowances and determinations: 828 i. Issue operating and closure permits. 829 ii. Determine pipeline requirements per subsection H5a(iii} and H5b .. 830 iii. Determine if Zone 1 requirements should apply in Zone 2 of an APA per • 831 subsectionD2b, Potential tei Degrade Groundwater -Zone 2, and C8e(iii}, Prohibited 832 Activities -'-Aquifer Protection Areas, Zone 2. (Ord. 4851,8-7-2000) Draft Best Available Science Regulation Amendments, July 13. 2004 36 • 833 34 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 .852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 .869 5. Authority to Approve, Condition, or Deny -General: Based upon site specific review and analysis, the Reviewing Official or his/her designee may approve, condition, or deny a proposal. 6. Relationship to Other Agencies and Regulations: Compliance with the provisions of this Title does not constitute compliance with other federal, state, and/or other local agency regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, apart from the process established in this Title. 6. Authority to AP~ Condition, or Deny Shorelines, Streams and bakes: (Reserved) ~si~0tea Subsection 0.5 appears to address what is needed for streams and lakes. In subsection L, conditions of approval are also stated.) E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS: 1. Performance Standards: The performance standards for each critical area are specified in subsections G to M of this Section. T~e standards are minimum standards. 2. Protection of Critical Areas: Critical areas and any associated buffers shall be avoided, and undisturbed, unless alterations are permitted in accordance with the requirements of this Section. 3. Allowed Alterations: Critical areas may be altered by authorized exempt activities, alterations specifically allowed in subsections G-.!:ito M of this Section and subject to listed criteria, or through approval of modifications or variances. 4. Native Growth Protection Areas: [E::crJtO'PslNG'fe: Moved from Section G unless otherwise noted.] a. Applicability: i. Required: A native growth protection area shall be instituted when required by subsections H to M of this Section in order to protect a critical area from any proposed development for a non-exempt activity as follows: . (a) Protected slopes per subsection 4-3-050.J.5.e. (b) Very high landslide hazard areas per subsection 4-3-050.J.7.c. (c) Class 2 to 4 streams or lakes and their associated buffers per subsection 4-3- 050L12. (d) Wetlands and their associated buffers per subsection 4-3-050.M.7 .. ii. Applied with Discretion: Native growth proection areas may be required for very high landslide hazard area buffers, or for critical habitats and their buffers pursuant to subsections 4-3-050.J.7 and 4-3-050.K.3. iii. Application as Condition of Approval When Otherwise Not Required: Where subsections H to M do not require a native growth protection area, the Reviewing Official may condition a proposal to provide for native growth protection areas. rtditcrrTgrt!!ltlt~: Clarifies application in comparison to oriqinal language in former section G.) Draft Best Available Science Regulation Amendments, July 13, 2004 37 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 I 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 b. Standards: i. Trees and ground cover shall be retained in designated native growth protection areas. ii. Activities allowed in a native growth protection areas shall be consistent with applicable critical area regulations. iii. The City may require enhancement of native growth protection areas to improve functions and values, reduce erosion or landslide potential, or to meet another identified purpose of this section or of critical area regulations. c. Method of Creation: Native' growth protection areas shall be established by one of the following methods. in order of preference:' i. Conservation Easement: The permit holder shall. subject to the City's approval. convey to the City or other public or nonprofit entity specified by the City. a recorded easement for the protection of the critical area and/or its buffer. ii. Protective Easement: The permit holder shall establish and record a permanent and irrevocable easement on the property title of a parcel or tract of land containing a critical area and/or its buffer created as a condition of a permit. Such protective easement shall be held by the current and future property owner. shall run with the land. and shall prohibit development, alteration, or disturbance within the easement' except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City. and from any other agency with jurisdiction over such activity. iii. Tract and Deed Restriction: The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of any critical area management tract or tracts created as a condition of a permit. Such deed res.triction(s) shall prohibit development. alteration. or disturbance within the tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City. and from any other agency with jurisdiction over such activity. A covenant shall be placed on the tract restricting its separate sale. Each abutting lot owner or the homeowners' association shall have , an undivided interest in the tract. r6ml1~.B: The last two sentences are newly added. This is based on the desire to avoid tax delinquency leading to separate sale of the tract which needs to remain undeveloped.] d. Marking During Construction: The location of the outer extent of the critical area buffer and areas not to be disturbed pursuant to an approved permit shall be marked with barriers easily visible in the field to prevent unnecessary disturbance by individuals and equipment during the development or construction of the approved activity. ' connectivity.] f. Signage Required: The common boundary between a native growth protection area and the abutting land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Sign locations and size Draft Best Available Science Regulation Amendments, July 13, 2004 • • .' 38 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 .937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 • 955 56 specifications shall be approved by the City. Suggested wording is as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law." g. Responsibility for Maintenance: Responsibility for maintaining the native growth protection easements or tracts shall be held by a homeowners' association, abutting lot owners. the permit applicant or designee. or other appropriate entity. as approved by the City. h. Maintenance Covenant and Note Required: The following note shall appear on the face of all plats. short plats, PUDs, or other approved site plans containing separate native growth protection easements or tracts. and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of lots created by or benefiting from this City action abutting or including a native growth protection easement [tract] are responsible for maintenance and protection of the easement [tract). Maintenance includes insuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization ofthe City has been received." 5. Discretionary -Building or Development Setbacks: The Reviewing Official may require a building or activity setback,from a critical area or buffer to ensure adequate protection of the critical area/buffer during construction and on-going maintenance of the activity. A requirement for a setback shall be based on the findings of a critical area report or a peer review required for the activity. ~li11e: Based on comparison/review of DCTED Example Code. The language could be further clarified to specify how the setback is maintained in perpetuity. However, for future applications the Reviewing Official could revisit the setback issue and continue the requirement or not based on site-specific conditions.] F. SUBMITTAL REQUIREMENTS AND FEES: 1. Applicability: When a regulated critical area or ass9ciated buffer is identified, the following procedures apply. . . 2. Preapplication Consultation: Any person intending to develop properties known or suspected to have critical areas present is strongly encouraged to meet with the appropriate City department representative during the earliest possible stages of project planning before major commitments have been made to a particular land use and/or project design. Effort put into a preapplication consultation and planning will help applicants create projects which will be more quickly and easily processed due to, a better understanding on the part of applicants of regulatory requirements. 3. Plans and Studies Required: When an application is submitted for any building permit or land use review and/or to obtain approval of a use, development or construction, the location of the critical areas and buffers on the site shall be indicated on the plans submitted based upon an inventory provided by a qualified specialist. 4. Submittal Requirements: See chapter 4-8 RMC. 5. Fees: See RMC 4-1-170. 6. Waiver of Submittal or Procedural Requirements: The Department Administrator may waive any of the requirements of this subsection if the size and complexity of the project does not warrant a step in the proceeding and provided criteria to waive studies are met in subsections H to M. Draft Best Available Science Regulation Amendments. July 13, 2004 39 7. Independent Secondary Review: The City may require independent review' of an applicant's report as follows: a.· Aquifer Protection Areas, Flood Hazards, Habitat Conservation, Streams and Lakes, Wetlands: When appropriate due to the type of critical areas, habitat. or species present. or project area conditions, the Reviewing Official may require the applicant to prepare or fund analyses or activities, including, but not limited to: i. An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate. This shall be paid at the applicant's expense, and the Reviewing Official shall select the third party review professional; and/or ii. A request for consultation with the Washington Department of Fish and Wildlife, Washington State Department of Ecology, or the local Native American Tribe or other appropriate agency; and/or iii. Detailed surface and subsurface hydrologic features both on and abutting·to the site. rE'ait".~m: Based on State Example Code and Renton regulations for Habitat ConserVation. Would now be an option for wetlands, in addition to streams and lakes and flood hazards.] b. Geologic Hazards: Independent Secondary Review shall be conducted in accordance with the following: i. 'Required -Sensitive and Protected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in accordance with subsection J2 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits -General and Appeals, shall be independently reviewed by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in . accordance with subsection D4b of this Section, Review Authority -Geologic . . Hazards, Habitat Conservation, Streams and Lakes, and Wetlands. (Amd. Ord. 4963, 5-13-2002) iii. At City's Discretion -Volcanic, High Erosion, High Seismic, Medium Coal.Mine, or High Coal Mine Hazards: For any proposal except critical facilities, the City may require independent review of an applicant's geotechnical report by qualified specialists selected by the City. at the applicant's expense. "'-"':w/",!?,'m' :A'<",,",,::-'A.~~ ftRClitot:lSwNbtell Moved from J.7 and updated to address volcanic hazards.] 8. Mitigation Plan Required: l{lil'5ft§}N~'t'€l: Moved from section M and globalized to all critical areas. Removed 'annual' project monitoring and inspection requirement in case City wants to do more or less frequently on case by case basis; added notification provision based Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 40 .1002 • 003 004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 ~24 Wf025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 ~46 .r47 . on Staff Review team discussion and example of a King County stream relocation proposal that would increase a stream buffer on park property reducing ability to have recreation facilities.] a. Criteria: For any mitigation plans required through the application of subsections H to M, the applicant shall: i. Demonstrate sufficient scientific expertise, the supervisory capability, and the financial resources to carry out the mitigation project; and ii. Demonstrate the capability for monitoring the site and to make corrections during the monitoring period if the mitigation project fails to meet projected goals; and iii. Protect and manage, or provide for the protection and management, of the mitigation area to avoid further development or degradation and to provide for long-term persistence of the mitigation area; and iv. Provide for project monitoring and allow City inspections; and v. For onsite or offsite mitigation proposals, abutting or adjacent property owners are notified when wetland creation or restoration. stream relocation, critical area buffer increases, flood hazard mitigation. habitat conservation mitigation, or geologic hazard mitigation have the potential to considerably decrease the development potential of abutting or adjacent properties. For example, if a created wetland on a property would now result in a wetland buffer intruding onto a neighboring property, the neighboring property owner should be notified. Notification shall be given as follows: (al For applications that are not subject to notices of application per RMC 4-8, notice of the mitigation proposal shall be given by posting the site and notifying abutting or adjacent property owners with the potential to be impacted. (b) For applications that are subject to notices of application, the mitigation proposal shall be identified in the notice of application and mailed to abutting or adjacent property owners with the potential to be impacted. b. Timing of Mitigation Plan -Final Submittal and Commencement: When a mitigation plan is required, the proponent shall submit a final mitigation plan for the approval of the Administrator prior to the issuance of building or construction permits for development. The proponent shall receivewriUen approval of the mitigation plan prior to commencement of any mitigation activity. G. SURETY DEVICES: 1. Required for Mitigation Plans: For any mitigation plans required as a result of the application of these regulations, the Responsible Official shall require a surety device to ensure performance consistent with RMC 4-1-230. 2. Time Period -Wetlands, Streams. and Lakes: For wetland and/or stream/lake mitigation plans. the surety device shall be sufficient to guarantee that structures. improvements. and mitiaation required by permit condition perform satifactorily for a minimum of 5 years after they . have been completed. rW~: Development Services Staff are developing code amendments to co-locate bond/surety requirements, concurrent with this work program. If that proposal is not complete in the Draft Best Available Science Regulation Amendments, July 13, 2004 41 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 '1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084. 1085 , 1086 1087 1088 same timeframe, then independent surety language should be developed based upon current wetland regulations.] NATIVE-GRGW+H--PRO-TECTION AREAs';' rEaitir1~~N~te: Moved to subsection E.4 above. Development Services Staff indicate it is more likely to be recognized and applied as part of the general performance standards section.] 1. When Required: A native growth protection area may be required by subsections H to M of this Section in order to protect a critical area from any proposed development for a non exempt activity. 2.-Standards: a. Trees and ground cover shall be retained in designated native grO'.vth protection areas, b. Activities allowed in a native growth protection areas shall be consistent v'lith applicable critical area regulations. c. The City may require enhancement of native growth protection areas to improve functions and values, reduce ~rosion or landslide potential, or to meet another identified . purpose of ~is section or of critical area regulations. 3. Method of Creation: Native grO'.vth protection areas shall be established by one of the following methods, in order of preference: a. Conservation Easement: The permit holder shall, subject to the City's approval, convey to the City or other public or nonprofit entity specified by the City, a recorded easement for the proteCtion of the critical area andlor its buffer. ' . b. Protective Easement: The permit holder shall establish and record a permanent and irrevocable easement on the property titlo of a parcel or tract of land containing a critical area andlor its buffer created as a condition of a permit. Such protective easement shall be held by the current and future property owner, shall run with the land, and shall prohibit de\,'elopment, alteration, or disturbance within the easement except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City, and from any other agency '1·lith jurisdiction over such activity. , c. Tract and Deed Restriction: The permit holder shall establish and record a permanent and irre .. ~ocable deed restriction on the property title of any critical area management tract or tracts created as a condition of a permit. Such deed restriGtion{s) shall prohibit development, alteration, or disturbance within the tract except for purposes of habitat enhancement as part of an enhancement project iNhich has received prior written approval from the City, and from any other agency with jurisdiction' over such activity: 4.-Marking During Construction: The location of the outer extent of the critical area buffer and areas not to be disturbed pursuant to an approved permit shall be marked with barriers easily visible in the field to prevent unnecessary disturbance by individuals and equipment during tho development or construction of the approved activity_ Draft Best Available Science Regulation Amendments, July 13, 2004 42. • • • 1089 • 090 091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102· 1103 1104 1105 1106 1107 1108 1109 • 110 111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 • 5.Sigflag.e-R.equi.red.;......The-common boundary between a native growth protectiOA-8ffia-aM the adjacent land must bB-f**"fRaAently identified. This identification shall include permanent wood or metal signs on treated-er-metal posts. Sign locations and size specifications shall-be approved by the City. Suggested wording is as fellows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law." 6. Responsibility for Maintenance: Responsibility for maintaining the native growth protection easements or tracts shall be held by a homeo ... mers' association, adjacent lot owners, the permit applicant or designee, or other appropriate entity, as approved by the City. 7. Maintenance and Maintenance Note Required: The following note shall appear on the face of all plats. short plats. PUDs, or other approved site plans containing separate native growth protection easements or tracts, and shall also be recorded as 8covenant running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All o' .... ners of lots created by or benefiting'from this City action abutting or including a native growth protection easement [tract] are responsible fer maintenance and protection of the easement [tractp-Maintenance includes insuring that no alterations occur ..... ithin the tract and that all vegetation remains undistbJrbed unless the express written authorization of the City has been received." . H. AQUIFER PROTECTION: 1. Applicability: The aquifer protection regulations apply to uses, activities, and facilities located within an aquifer protection area (APA) as classified below. a. Aquifer Protection Area (APA): Aquifer protection areas are the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or-operated by the City, as depicted in subsection 0.1 of this Section, Maps. b. Aquifer Protection Zones: Zones of an APA are designated to provide graduated levels of aquifer protection. Zone boundaries are determined using best available science documented in the City of Renton Wellhead Protection Plan, an appendix of the City of Renton Water System Plan, as periodically updated. The following zones may be designated: i. Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. ii. ; Zone 1 Modified: The same land area described for Zone 1 .but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from an aquifer that is partially protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by C.6(a)(jii) of this section. III. Zone 2: The land area situated between the three hundred Sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City may choose not to subdivide an APA into two (2) zones. In such a case, the entire APA will be designated as Zone 2. Draft Best Available Science Regulation Amendments, July 13, 2004 43 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 c. Mapping: i. Determination of Location within a Zone of an Aquifer Protection Area: In determining the location of facilities within the zones defined by subsection 0.1 of this Section, the following rules shall apply. . . (a) Facilities located wholly within an APA zone shall be governed by the restrictions applicable to that zone. (b) Facilities having parts lying within more than one zone of an APA shall be governed as follows: Each part of the facility shall be reviewed and regulated by the requirements set forth in this Section for the zone in which that part of the facility is actually located. (cl Facilities having parts lying both in and out of an APA shall be governed as follows: That portion which is within an APA shail be governed by the applicable restrictions in this Section; and That portion which is not in an APA shall not be governed by this Section. iLZone Maps: The locations of aquifer protection areas (APA) in the City are depicted by the map in subsection 0.1 of this Section, Maps. rElfltal'f-'~"ttt Moved from subsection B to 'co-Iocate with performance standards.] d. Performance Standards: Iri addition to the general standards of subsection E of this Section, the following performance standards, subsections H2 to H1 0, apply to all non- exempt uses, activities; and facilities on sites located within an aquifer protection area per subsection B2H1, Critical Areas DesignationslMapping, Aquifer ProteGtienApplicability, e. Authority to Require Hydrogeologic Assessment: The City may require an applicant to prepare a hydrogeologic study if the proposal has the potential to Significantly impact groundwater quantity or quality, and sufficient information is not readily available. Such a report shall be prepared by a qualified professional at the applicant's expense. Report content requirements may be specified by the City in accordance with State or Federal guidelines or tailored to the particular development application. Peer review of the applicant's report may be required in accordance with 4-3-050.F.7. rE!91toriSi:HiWfEt Based on a review of the DCTED Example Code.] 2. Facilities: a. Removal of Existing Facilities -Zone 1: LThe storage, handling, use, treatment or production of hazardous materials in aggregate quantities greater than five hundred (500) gallons shall not be allowed within Zone 1 of an APA after October 14, 2002. The storage, handling, use, treatment or production of tetrachloroethylene (e.g. dry-cleaning fluid) shall not be allowed within Zone 1 of an APA after March 31,1999. iL Once a facility in-Zone 1 is closed, relocated, or the use of hazardous materials is terminated, reinstatement of the use of hazardous materials onthe site in quantities greater than that allowed for new facilities locating in Zone 1 as described in subsection C.B.e(ii), Prohibited Activities, Zone 1, shall'be prohibited. Draft Best Available Science Regulation Amendments, July 13, 2004 44 • • • 1175 .176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 • 1197 198 199 1200 1201' 1202 1203 1204 1205 1206 1207 1208 1209 1210 ' 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 • 22 223 iii. Closure of a facility or termination of any or all facility activities shall be conducted in accordance with the closure requirements in RMC 4-9-015.F, Closure Permit. b. Existing Facilities Change in Quantities -Zone 1: In Zone 1 of an APA, no change in operations at a facility shall be allowed that increases the aggregate quantity of hazardous materials stored, handled, treated, used, or produced with the following exception: The aggregate quantity of hazardous materials may be increased not to exceed 500 gallons. c. Existing Facilities -Allowances in Zone 2: The storage, handling, treatment, use or production of hazardous materials at existing facilities shall be allowed within Zone 2 of an APA upon compliance with the provisions of this Section. d. Requirements for Facilities -Zones-1 and 2: The following conditions in subsections H.2.d(i) to (vi) of this Section will be required as part of any operating permit issued for facilities in . Zone 1 of an APA. Conditions in subsections H.2.d(i) to (v) shall apply to facilities in Zone 2 of an APA. i. Secondary Containment -Zones 1 and 2: (1) Materials Stored in Tanks subject to DOE -Zones 1 and 2: Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under chapter 173-360 WAC are exempt from containment requirements in subsection H.2.d(i), Secondary Containment -Zones 1 and 2, but are subject to applicable requirements in RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations. (2) Secondary Containment Devices and Requirements -Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these substances are-either stored, handled, treated, used, or produced. Secondary containment devices shall prevent hazardous materials from contacting soil, surface water, and groundwater and shall prevent hazardous materials from entering storm drains and, except for authorized and permitted discharges, the sanitary sewer. Design requirements for secondary containment devices are as follows: . (A) The secondary containment device shall be large enough to contain the volume of the primary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous material. In cases where multiple containers are used, the secondary containment device shall be large enough to contain the volume of the largest container. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if present, to which the secondary containment device is subjected. The secondary containment device shall be capable of containing the fire flow fora period of twenty (20) minutes or more. (B) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material. If coatings are used to provide chemical resistance for secondary containment devices, they shall also be resistant to the expected abrasion and impact conditions. Secondary containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. (C) Hazardous materials stored outdoors and their attendant secondary containment devices shall be covered to preclude precipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the City of Renton Fire Prevention Bureau. Secondary Draft Best Available Science Regulation Amendments, July 13, 2004 45 1224 containment for such tanks, if uncovered, 'shall be able to accommodate the • 1225 volume of precipitation that could enter the containment device during a twenty 1226 four (24) hour, twenty five (25) year storm,in addition to the volume of the 1227 hazardous material stored in the tarik. Storage of hazardous materials, both 1228 indoors and outdoors, shall, at all times, meet both the requirements of this 1229 Section and the Uniform Fire Code. 1230 (D) Secondary containment devices shall include monitoring procedures or 1231 technology capable of detecting the presence of a hazardous material within 1232 twenty four (24) hours following a release. Hazardous materials shall be removed 1233 from the secondary containment device within twenty four (24) hours of detection 1234 and shall be legally stored or disposed. 1235 (E) Areas in which there are floor drains, catch basins, or other conveyance 1236 piping that does not discharge into a secondary containment device that meets 1237 the requirements of this Chapter shall not be used for secondary containment of 1238 hazardous materials. Closure of existing piping shall be according to procedures 1239 . and designs approved by the Department. 1240 (F) Primary containers shall be impervious to the contents stored therein, 1241 properly labeled, and fitted with a tight cover which is kept closed except when 1242 substances are being withdrawn or used. 1243 (G) Hazardous materials stored outdoors when the facility is left unsupervised 1244 must b~ inaccessible to the public. Such techniques as locked storage sheds, 1245 locked fencing, or other techniques may be used if they will effectively preclude 1246 access. 1247 (H) Stored hazardo·us materials shall be protected and secured, as needed, • 1248 against impact and earthquake to prevent damage to the primary container that 1249 would 'result in release of hazardous materials that would escape the secondary 1250 containment area: 1251 ii. Hazardous Material Monitoring Requirements for Existing Facilities -Zones 1 and 2: I 1252 (1) The owners of all existing facilities shall implement hazardous materials monitoring. 1253 (2) All hazardous material monitoring activities shall include the following.: 1254 (A) A written routine monitoring procedure which includes, when applicable: the 1255 frequency of performing the monitoring method, the methods and eqUipment to 1256 be used for performing the monitoring, the location(s) from which the monitoring 1257 will be performed, the name(s)or title(s) of the person(s) responsible for 1258 performing the monitoring and/or maintaining the equipment, and the reporting 1259 format. .. 1260 . (B) Written records of all monitoring performed shall be maintained on-site by the 1261 operator for a period of three (3) years fromthe date the monitoring was 1262 performed. The Department may require the submittal of the monitoring records 1263 or a summary at a frequency that the Department may establish. The written 1264 records of all monitc)fing performed in the past three (3) years shall be shown to 1265 the Department upon demand during any site inspection. Monitoring records 1266 shall include but not be limited to: 1267 • The date and time of all~monitoring or sampling; 1268 • Monitoring equipment calibration and maintenance records; • 1269 .• The results of any visual observations; Draft Best Available Science Regulation Amendments, July 13, 2004 46 1270 .271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 • 1292 293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 • 16 17 • The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets; • The logs of all readings of gauges or other monitoring equipment, groundwater elevations or other test results; and • The results of inventory readings and reconciliations. (C) Visual monitoring must be implemented unless it is determined by the Department to be infeasible to visually monitor. (3) On every day of operation, a responsible person designated by the permittee shall check for breakage or leakage of any container holding hazardous materials. Electronic sensing devices approved by the. Department may be employed as part of the inspection process, provided that the system is checked daily for malfunctions. . iii. Emergency Collection Devices -Zones 1 and 2: Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site (or available within an hour by contract with a cleanup company approved by the Department), in sufficient quantity to control and collect the total quantity of hazardous materials plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be documented in the operating permit. iv. Inspection of Containment and Emergency Equipment -Zones 1 and 2: Owners shall establish procedures for monthly in-house inspection and routine maintenance of containment and emergency equipment. Such procedures shall be in writing, a regular checklist and schedule of maintenance activity shall be established, and a log shall be kept of inspeclionsand maintenance activities. Such logs and records shall be made available at all reasonable times to the Department for examination. .. v. Employee Training -Zones 1 and 2: Operators shall schedule training for all new employees upon hiring and once per year thereafter to explain the conditions of the operating permit such·as emergency response procedures, proper hazardous waste disposal, monitoring and reporting requirements, record keeping requirements, and the types and quantities of hazardous materials on site. These training sessions will be documented and recorded and the names of those in attendance will be recorded. These records shall be made available at all reasonable times to the Department for inspection. vi. Additional Facility Requirements for Zone 1: Owners shall complete the following: (1) Site Monitoring: For facilities located in Zone 1 of an APA, an owner of a facility may, at their own expense, be required to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Department may require that the owner of a facility install one or more groundwater monitoring wells in a manner approved by the Department in order to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to the City's production or monitOring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. Every owner required to monitor groundwater, surface water runoff, and/or soils shall perform such monitoring semi-annually and obtain independent analytical results of the presence and concentration of those chemicals requiring monitoring (including breakdown and transformation products) as identified by the Department in the operating permit. The analytical results shall be obtained through the use of Department of Ecology-approved methods for water and/or soils. The results shall be filed within ten (10) days with the Department. Draft Best Available Science Regulation Amendments, July 13, 2004 47 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334· 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 . 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 ·1359 1360 1361 If a facility is required to perform site monitoring pursuant to subsection H.2.d(vi} of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, then a site monitoring plan will be required. This plan must indicate procedures to be followed to assess groundwater, surface water runoff, and/or soil for concentrations of those chemicals requiring monitoring as identified by the Department in the operating permit. If a groundwater monitoring program is in effect per the requirements of 40 CFR 264 or 265, and this program includes all of the chemicals identified in the operating permit, then it shall be incorporated into the site monitoring plan which shall also include provisions to address the groundwater monitoring requirements of subsection H.2.d(vi} of this Section, Additional Facility Requirements for Zone 1, Site Monitoring, and RMC 4-9-015.G.3, Unauthorized Releases, Monitoring Results. (2) Site Improvements: (A) For facilities located in Zone 1 of an APA, the owner may be required to pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of hazardous materials. (B) For those facilities located in Zone 1 of an APA in which the nature of the business involves the use of hazardous materials outside of fully enclosed structures, the City shall evaluate the existing storm water collection and conveyance system, and reserves the right to require the owner to upgrade the system to meet the provisions of RMC 4-6- . 030.E.3, Additional Requirements in Aquifer Protection Areas -Amendments to King County Surface Water Design Manual. (C) For those facilities located in Zone 1 of an APA, the City may require theowner to test interior wastewater plumbing and the building side sewer for tightness according to subsection H.6.a(ii), Pipeline Requirements-Zone 1, and reserves the right to require that such wastewater conveyance be repaired or replaced according 10 subsection H.6.a(i), Pipeline Requirements -Zone 1. (3) Capital Cost Reimbursement for Additional Operating Permit Requirements: The City shall pay fifty percent (50%) of documented capital costs up to twenty five . thousand dollars ($25,OOO.00) for required installation and construction of monitoring wells, site paving, wastewater conveyance, and storm water improvements as required in subsections H.2.d(vi}(1} and (2), Site Monitoring and Site Improvements. Payment by the City shall be made according to adopted administrative rules. . 3. Use of Pesticides and Nitrates -APA Zones 1 and 2: a. Use of Pesticides: The application of hazardous materials such as pesticides shall be allowed inan APA, except within one hundred feet (100) of a well or two hundred feet (200 ) of a spring, provided that: . . . i. The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. ii. Persons who are required to keep pesticide application records by RCW 17.21.100.1 and WAC 16-228-190 shall provide a copy of the required records to the Department within seventy two (72) hours of the application. b. Nitrate-Containing Materials: The application of fertilizers containing nitrates shall· be allowed in an APA except within one hundred feet (100 ) ota well or two hundred feet (200 ) of a spring; provided, that: Draft Best Available Science Regulation Amendments, July 13, 2004 48 • • • 1362 • 363 364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 • 381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 .00 i. No application of nitrate-containing materials shall exceed one-half (0.5) pound of nitrogen per one thousand (1,000) square feet per single application and a total yearly application of five (5) pounds of nitrogen per one thousand (1,000) square feet: except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per one thousand (1,000) square feet per single application and eight (8) pounds of nitrogen per one thousand (1,000) square feet per year; and ii. Persons who apply fertilizer containing nitrates to more than one contiguous acre of land located in the APA either in one or multiple application(s) per year shall provide to the Department within seventy two (72) hours of any application the following information: (1) The name, address, and telephone number of the person applying the fertilizer; (2) The location and land area of the application; (3) The date and time of the application; (4) The product name and formulation; (5) The application rate. 4. Wastewater Disposal Requirements -Zones 1 and 2: Refer to RMC 4-6-040J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of an Aquifer Protection Area. ' . 5. Surface Water Requirements -Zones 1 and 2:' Refer to RMC 4-6-030E, Drainage Plan ' Requirements and Methods of Analysis for additional surface water requirements applicable within Zones 1 and 2 of an Aquifer Protection Area. 6. Pipeline Requirements: a. Pipeline Requirements -Zone 1: i. All new and existing pipelines in Zone 1 shall be constructed or repaired in accordance with material specifications contained in subsection S of this Section, Pipeline Material. All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. ii. All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with the following provisions prior to being placed into service. (1) Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Department. (2) Pipeline leakage testing methods shall be submitted to the Department for review prior to testing and shall include: a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s) to be tested. Draft Best Available Science Regulation Amendments, July 13, 2004 49 I (3) Upon completion of testing, pipeline leakage testing results shall be submitted to the Department and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. (4) Routine leakage testing of new pipelines constructed in Zone 1. may be required by the Department. iii. If the Department has reason to believe that the operation or proposed operation . of an existing pipeline in Zone 1 of an APA may degrade ground water quality, the Department may require leakage testing of the existing pipeline in accordance with subsection H6a(ii) of this Section; and installation, sampling, and sample analysis of monitoring wells. Rciutine leakage testing of existing pipelines in Zone 1 may be . required by the Department. Criteria for this determination is specified under subsection D2b(ii), Potential to Degrade Groundwater -Zone 2, Criteria. iv. Should pipeline leakage testing reveal any leakage at any level then the Department shall require immediate repairs to the pipeline to the satisfaction of the Department such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to subsection H6a(ii) of this Section. b. Pipeline Requirements -Zone 2: If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of an APA maydegrade groundwater quality, the Department may require: leakage testing in accordance with subsection H6a(ii) of this Section; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Department such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under subsection D2b(ii), Potential to Degrade Groundwater - Zone 2, Criteria .. 7. Construction Activity Standards -Zones 1 and 2: Refer to RMC 4-4-030.C.7, Construction Activity Standards -APA Zones 1 and 2. 8. Fill Material Requirements -Zones 1 and 2: Refer to RMC 4-4-060L4, Fill Material, regarding quality of fill and fill material source statement requirements within aquifer protection areas. 9. Regulations for Existing Solid Waste Landfills -Zones 1 and 2: a. Materials: Earth materials used as fill or cover at a solid waste landfill shall meet the requirements of RMC 4-4-060L4, Fill Material.. b. Groundwater Monitoring: The Department shall have the authority to require an owner of a solid waste landfill to implement a groundwater monitoring program equal to that described by King County Board of Health Title 10 (King County Solid Waste Regulations) Section 10.72.020 and a corrective action program equal to that described by Section 10.72.030. The Department shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Department detailing groundwater rrionitoringactivity during the preceding three (3) months. Reports detailing corrective action required by the Department shall be submitted according to a written. schedule approved by the Department. 10. Hazardous Materials -Release Restrictions -Zones 1· ancl 2: Hazardous materials . shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape or leach into Draft Best Available Science Regulation Amendments, July 13, 2004 • • •• 50 1445 • 446 447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 .466 . 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488, 1489 • the air, if'1to groundwater, surface water, surface soils or subsurface soils. Exception: Int~ntional withdrawals of hazardous materials for the purpose of legitimate sale, use, or disposal and discharges permitted under federal, state, or local law. Any unauthorized releases shall be subject to the procedural requirements of RMC 4-9-015G, Unauthorized Releases. (Amd. Ord. 4851,8-7-2000) I. FLOOD HAZARDS: 1. Applicability: Flood hazard regulations shall apply to all areas of special flood hazards within the jurisdiction of the City. In addition, all other applicable critical area or Shoreline Master Program regulations shall apply within flood hazard areas. See RMC 4-3-090.E for a description of Shoreline Master Program jurisdictional areas. a. Areas of Special Flood Hazard: Areas of special flood hazard are defined as the land in the floodplain subject to one percent or· greater chance of flooding in any given year. Designation on flood maps always include the letters A or V. b. Mapping and Documentation: i. Basic Map and Documentation Identifying Hazards: The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of Renton, dated September 29, 1989, and any subsequent revision, with accompanying flood insurance maps which are hereby adopted by reference and declared to be a part of this section. The flood insurance study is on file at the Planning/Building/Public Works Department. ii. When Federal Insurance Study is NolAvailable: When base flood elevation data has not been provided in accordance with subsection 11 bi of this Section the Department Administrator shall obtain, review, and reasonably utilize , any base flood ele'vation and f100dway data available from a Federal, State or ' other source in order to administer subsection 13, Specific Standards, and subsection 14, Additional Restrictions Within Floodways. The best available information for flood hazard area identification shall be the basis for regulation until a new Flood Insurance Rate Map is issued which incorporates the data utilized under subsection D3a(iv) of this Section. (Amd. Ord. 4851,8-7-2000) iii. Interpretation of FIRM Boundaries: Per RMC 4-3-050.D.3.d, the Department Administrator, or his/her designee, shall make interpretations where needed, as to exact 'location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The best available information for flood hazard area identification shall be the basis for regulation. iv. Data to be Used for Existing and Future Flow Conditions: The City shall determine the components of the flood hazard area after obtaining, reviewing and utilizing base flood elevations and available floodplain data for a flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the "one-hundred-year flood." The City may require projections of future flow conditions for proposals in unmapped potential flood hazard areas. In mapped or unmapped flood hazard areas. future flow conditions shall be considered for proposed bridge proposals crossing floodways. (Amd. Ord. 4851,8-7-2000) Draft Best Available Science Regulation Amendments, July 13, 2004 51 1490 1491 1492 1493 1494 1495 [ifilitWfJlrIlfit~l Subsections a, b.i and b.n moved from subsection 4-3-050 B to co-locate with performance standards. Subsection b.iii cross-references languge from D.3.d regarding interpretation in field versus maps. Subsection b.iv is newly added to allow the City to use future flood information for particular situations that would not conflict with the standards to reguiate finished flood elevations consistent.with FEMA one-hundred year floodplain elevations.) . 1496 c. Performance Standards: In addition to general standards of subsection E of this 1497 Section, the following regulations apply in all areas of special flood hazard. 1498 2. General Standards: In all areas of special flood hazards, the following standards are 1499 required: 1500 a. Anchoring -All New Construction: All new construction and substantial 1501 improvements shall be anchored to prevent flotation, collapse, or lateral movement of the 1502 structure. 1503 b. Anchoring -Manufactured Homes: All manufactured homes must likewise be 1504 anchored to prevent flotation, collapse or lateral movement, and shall be installed using 1505 methods and practices that minimize flood damage. Anchoring methods may include, but 1506 are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's 1507 Manufactured Home Installation in Flood Hazard Areas guidebook for additional 1508 techniques). 1509 c. Construction Materials and Methods: 1510 1511 1512 1513 1514 1515 1516 1517 . 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. iii.'Electrical, heating, ventilation, plumbing, and air-cOnditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent 'water from entering or accumulating within the components during conditions of flooding. d. Utilities: ' ' i. Water: All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. The proposed water Well shall be located on high ground that is not in the floodway (WAC 173-160-171). (Amd. Ord. 4851, 8-7-2000) .' '. ii. Sewer: New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the system~ into, flood waters. , iii. Waste Disposal: On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. e. Subdivision Proposals: Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 52 1529 .530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542. 1543 1544 1545 1546 1547 1548 ~~49 ~50 1551 1552 1553 1554 1555 1556 1557 . 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 • i. All subdivision proposals shall be consistent with the need to minimize flood damage; ii. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; iii. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and iv. All subdivision proposals shall show the flood hazard information and boundary on the subdivision drawing including, the nature, location, dimensions, and elevations of the subdivided area. . f. Project Review: i. Building Permits: Where elevation data is not available either through the flood insurance study or from another authoritative source, i.e., subsection D3a(iv} of this Section, applications for building permits shall be reviewedlo assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2 ) above grade in these zones may result in higher insurance rates. ii. Land Use Applications: Where base flood elevation data has not beeriprovided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less). 3. Specific Standards: In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection BdGI1 b of this Section, Mapping and Documentation, or subsection D3a(iv}, Use of Other Base Flood Data, where such data . provides flood elevations that exceed the regulatory standards in the FEMA flood insurance study, the following provisions are required: a. Residential Construction: i. New construction and substantial improvement of any residential structure shall hav~ the lowest floor, including Basement, eleva'ted a minimum of one foot above base flood elevation . ' ii. Fully enclosed areas below the lowest floor that are subject to flooding are' prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and (2) The bottom of all openings shall be no higher than one foot above grade; and Draft Best Available Science Regulation Amendments, July 13, 2004 53 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586. 1587 1588 1589 1590 1591 1592 1593 1594 1595 I 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. b. Manufactured Homes: i. All manufactured homes to be placed or substantially improved within Zones A 1- A30, AH, and AE on the community's Flood Insurance Rate Map, on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be securely anchored to an adequately designed anchored foundation system to resist flotation, collapse and lateral movement. ii. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the communitY's Flood Insurance Rate Map that are not subject to the above manufactured home provisions shall be elevated so that either the lowest floor of the. manufactured home is elevated a minimum of one foot above the base flood elevation or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36 ) in height above grade and be securely anchored to an adequately designed anchored foundation system to resist flotation , collapse, and lateral movement. IEJIf~ltMf;t"tj~: Addresses State DOE comment as Dart of community assistance review.] c. Nonresidential Construction: New construction of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum-of one foot above the level of the base flood elevation. Substantial improvement of any commercial; industrial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum of one foot above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall: i. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 1fa;(1Uf8i~· timEt Addresses State DOE comment as part of community assistance review.] ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; . iii. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Department Administrator; iv. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection 13a(ii) of this Section; Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 54 • 1612 613 614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 •6~2 633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 • 1650 651 652 v.Applicants f1oodprooflng nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g., a building f1oodproofed to the base flood level will be rated as one foot below). d. Recreational Vehicles: Recreational vehicles placed on sites within Zones A 1-30, AH, and AE on the community~s Flood Insurance Rate Map n9t including recreational vehicle storage lots shall either: i. Be on the site for fewer than one hundred eig~ty (180) consecutive days; ii. Be fully licensed and ready for high'way use, on its wheels or jacking system,is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or . . iii. Meet the requirements of subsection 13b of this Section and the elevation and anchoring requirements for manufactured homes. (Arnd. Ord. 4851, 8-7-2000) 4. Additional Restrictions within Floodways: Located within areas of special flood hazard established in subsection BJG.-11 b of this Section, Flood Hazards: Mapping and Documentation, are areas designated as f1oodways. Since the f100dway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: a. Increase in· Flood L.evels Prohibited: Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engirieeringpractice that: i. Encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and ii. There are no adverse impacts to the subject property or abutting or adjacent properties; arid iii. There are no higher flood elevations upstream; and iv. The impaCt due to f100dway encroachment shall be analyzed using future land use condition flows. . b. Residential Construction in Floodways: Construction or reconstruction of residential structures is prohibited within deSignated floodways, except for: i. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and ii. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored,before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places sJ::lall not be incluGeEimay be excluded in the fifty percent (50%) . rEt1!ltir~lti~t~: Addresses State DOE comment as part of community assistance review.] . Draft Best Available Science Regulation Amendments, July 13, 2004 55 1653 1654 1655 c. Compliance Requirements: If subsections 14a and 14b of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. (Amd. Ord. 4851, 8-7-2000) 1656 5. Critical Facility: Construction of new critical facilities shall be, to the extent possible, 1657 located outside the limits of the special flood hazard area (SFHA) (one hundred (100) year) 1658 floodplain. Construction of new critical facilities shall be permissible within the SFHA if no 1659 feasible alternative site is available. Critical facilities constructed within the SFHA shall have 1660 the lowest floor elevated three feet or more above the level of the base flood elevation (one 1661 hundred (100) year) at the site. Floodproofing and sealing measures must be taken to ensure 1662 that toxic substances will not be displaced by or released into flood waters. Access routes 1663 elevated to or above the level of the base flood elevation shall be provided to all critical 1664 facilities to the extent possible. (Ord. 4851.8-7-2000) 1665 6. Compensatory Storage: 1666 a. Compensatory Storage Required: Development proposals and other alterations shall 1667 not reduce the effective base flood storage volume of the floodplain. ·If grading or other 1668 activity will reduce the effective storage volume. compensatory storage shall be created 1669 on the site or off the. site if legal arrangements can be made to assure that the effective 1670 compensatory storage volume will be preserved over time. Compensatory storage shall . 1671 be configured so as not to trap or strand salmonids after flood waters recede and may be 1672 configured to provide salmonid habitat or high flow refuge whenever suitable site 1673 conditions exist and the configuration does not adversely affect bank stability or existing 1674 habitat. 1675 1676 1677 1678 1679 b. Additional Requirements -Springbrook Creek: The higher of the City hydrologic and hydraulic model results for the one hundred (100) year future land use conveyance and storage events shall be used by the City to determine the volume of compensatory· . storage required for filling within the one hundred (100) year flood zone of Springbrook Creek. 1680· i. An exception to this requirement shall apply where the Federal Emergency 1681 Management Agency (FEMA) defined one hundred (100) year flood zone is lower 1682 than the City model results for the one hundred (100)year future land use 1683 conveyance event. . 1684 ii. Under the exception, the lower FEMA floodplain elevation shall be used. The 1685 exception only applies for the reach of Springbrook Creek between SW 43rd Street 1686 and Oakesdale Avenue near SW 41 st Street. . 1687 c. Determining Finished Floor Elevations According to FEMA: Although City model 1688 results will apply to compensatory storage requirements, the FEMA one hundred (100) 1689 year flood plain elevations shall be used to establish building finished floor elevations to 1690 comply with other National Flood Insurance Program requirements. (Amd. Ord. 4851,8- 1691 7-2000) 1692 J. GEOLOGIC HAZARDS: 1693 1694 1695 1696 1697 1. Applicability: The geologic hazard regulations apply to all nonexempt activities on sites containing steep slopes, landslide hazards, erosion hazards. seismic hazards, and/or coal mine hazards classified below or on sites within fifty feet (50) of steep slopes. landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified below which . are located on abutting or adjacent sites. Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 56 1698 .699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 ~16 ~17 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 .735 a. Steep Slopes: i. Steep Slope Delineation Procedure: The boundaries of a regulated steep sensitive or protected slope is determined to be in the location identified on the City of Renton's Steep Slope Atlas. An applicant's qualified professional may substitute boundaries independently derived from survey data for the City's consideration in determining the boundaries of sensitive or protected steep slopes. All topographic maps shall utilize two (2) foot contour intervals or the,standard utilized in the City of l'-··~.Jttt'~p\'~1'\r~b.~~"'~ Renton Steep Slope Atlas. [echtoil!s~lN\!}te: Copied from subsection B, minus sentence re: independent review of steep slope study since independent review is now under subsection F.J ii. Steep Slope Types: (a) Sensitive Slopes. (b) Protected Slopes. b. landslide Hazards: i. low landslide Hazard ell): Areas with slopes less than fifteen percent (15%). ii. Medium landslide Hazard (lM): Areas with slopes between fifteen percent (15%) and forty percent (40%) and underlain by soils that consist largely of sand, gravel or glacial till. iii. High landslide Hazards elH): Areas with slopes greater than forty percent '(40%>' and areas with slopes between fifteen percent (15%) and forty percent (40%) and underlain by soils consisting largely of silt and clay. . iv. Very High landslide Hazards (lV): Areas of known mappable landslide deposits. ' c. Erosion Hazards: , Llow Erosion Hazard (El): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having slight or moderate erosion potential, and that slope less than fifteen percent (15%). ii. High Erosion Hazard (EH): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having severe or very severe erosion potential, and that slope more steeply than fifteen percent (15%). d. Seismic Hazards: i. low Seismic Hazard (Sl): Areas underlain by dense soils or bedrock. These soils generally have site coefficients of types S1 or S2, as defined in the Uniform Building Code. ii. High Seismic Hazard (SH): Areas underlain by soft or loose, saturated soils. These soils generally have site coefficients of types S30r S4, as defined in the Uniform Building Code. Draft Best Available Science Regulation Amendments, July 13, 2004 57 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 '1750 1751 ' 1752 1753 1754 1755 1756 1757 1758 1759 e. Coal Mine Hazards: i. low Coal Mine Hazards (Cl): Areas with no known mine workings and no predicted subsidence. While no mines are known in these areas. undocumented mining is known to have occurred. ii. Medium Coal Mine Hazards (CM): Areas where mine workings are deeper than two hundred feet (200) for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. iii.'High Coal Mine Hazard (CH): Areas with abandoned and improperly sealed mine openings and areas underlain by mine workings shallower than two hundred feet (200 ) in depth for steeply dipping seams. or shallower than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by collapse or other subsidence. rEaifefrimate: Moved from subsection B to co-locate with performance standards.] f. Volcanic Hazards: Volcanic hazard areas are those areas subject to a potential for inundation from post lahar sedimentation along the lower Green River as identified in Plate II, Map D, in the report U.S. Department of the Interior, U.S. GeologiCal Survey (Revised 1998). Volcano Hazards from Mount Rainier. Washington. Open-File Report 98- 428. ~e~: Added based upon comparison to State Example Code.] g. Mapping: Maps of steep slopes, landslide, erosion, seismic. and coal min~ hazards are documented and included in subsection Qof this Section. Maps. The actual presence or absence of the criteria listed above, as determined by qualified professionals; shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. 1760rEaRot~;ti: Moved from subsection B to co-locate with performance standards.] 1761 h. Performance Standards: In addition to the general ,standards of subsection E of this 1762 Section, the following performance standards, subsections J2 to J8, apply to all regulated 1763 geologic hazard areas, unless the subsection clearly identifies that the standard applies 1764 only to a specific geologic hazard category. Multiple performance standards may apply to 1765 a site feature, for example steep slope, landslide and erosion hazards, based upon 1766 overlapping classification systems. 1767 2. Special Studies Required: 1768 5LWhenever a proposed development requires a development permit and a geologiC 1769 hazard is present on the site of the proposed development or on abutting or adjacent 1770 sites within fifty feet (50 ) of the subject site, geotechnical studies by qualified 1771 professionals shall be required. Specificaily, geotechnical studies are required for 1772 developments proposed on sites with any of the following geologiC hazards: 1773 al. Sensitive and protected slopes; 1774 eli. Medium, high, or very high landslide hazards; . 1775 sill, High erosion hazards; Draft Best Available Science Regulation Amendments, July 13, 2004 • • -.' 58 1776 .777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 • 792 793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 • 813 diY. High seismic hazards; ey. Medium or high coal mine hazards. b. The required studies shall demonstrate the following review criteria can be met: i. The proposal will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; and ii. The proposal will not adversely impact other critical areas; and iii. The development can be safely accommodated on the site. rbbftrfJg'diot~: Added based upon comparison to State Example Code, and similar to J.4.) c. A mitigation plan may be required by the Responsible Official, consistent with Section F.B. 3. Independent Secondary Review: Independent secondary review is required consistent with 4-3-050.F.7. rE'll'it1r',ygi_: Subsections below moved to F.7 to consolidate.) a. Required Sensitive and Protected Slopes, and Medium, High, or Very High landslide Hazards: All geotechnical reports submitted in accordance INith subsection J2 of this Section, Special Studies Required, and chapter 4 S RMC, Permits General and Appe"als',shall' be independently reviewed by qualified specialists selected by the City, at the applicant's-expense. ,I\n applicant may request that independent review be waived by the Department Administrator in accordance '"lith subsection D4b of this Section, Review Authority Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. (Amd. Ord. ~963, 5 132002) . b. At City's Discretion High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: The City may require independent review of an applicant's geotechnical report by qualified specialists selected by the City, at the applicant's expense. 4. Conditions of Approval: Conditions of approval may modify the proposal, including, . but not limited to, cohstruction techniques, :design, drainage, project size/configuration, or seasoneil constraints on development. Additional possible conditions may be listed under the performance standards for each hazard type. Upon review of geotechnical studies, the development permit shall be conditioned to mitigate adverse environmental impacts and to assure that the development can be safely accommodated on the site and is consistent with the purposes of this Section. A mitigation plan may be required consistent with Section F8. 5. Protected Slopes: a. Prohibited Development: Development is prohibited on protected slopes. This restriction is not intended to prevent the subdivision or development of property that includes forty percent (40%) or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads . Draft Best Available Science Regulation Amendments, July 13, 2004 59 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 . 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851, 1852 1853 1854 1855 1856 b. Exceptions through Modification: Exceptions to the prohibition may be granted for: i. Filling against the toe of a natural rock wall or rock wall, or protected slope created through mineral and natural resource recovery activities or public or private road installation or widening and related transportation improvements, railroad track installation or improvement, or public or private utility installation activities pursuant to subsection N2 of this Section, Modifications. ii. Grading to the extent that it eliminates all or portions of a mound or to allow reconfiguration of protected slopes created through mineral and natural resource recovery activities or public or private road installation or widening and related transportation improvements, railroad track installation or improvement, or public or private utility installation activities, pursuant to subsection N2 of this Section, Modifications. c. Exceptions through Variance: Exceptions to the prohibition may be granted for construction, reconstruction, additions, and associated accessory structures of a single family home on an existing legal lot pursuant to a variance as stated in RMC 4-9-250B1, where there is not enough developable area elsewhere on the site to accommodatEi building pads and provide practicable off street parking. rE~riit&Sftsr€$t~: Abbreviated and conditions added to Variance section.] . d. Exceptions through Waiver: Exceptions to the prohibition may be granted for installation of public utilities Which are needed to protect slope stability, and public road widening where all the following provisions have been demonstrated: . i. The utility or road improvement is consistent with the Renton Comprehemsive Plan, adopted Utility Plans, and the Transportation Improvement Program where applicable. ii. Alternative locations have been determined to be economically or functionally infeasible. iii. A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. .'. . . iv. The plan for the improvement is based on consideration of the best available , science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. rEai11frt:S~Wt~m: Based on a review of the DCTED Example Code.] Where the excepted activities above are allowed, the erosion control measures in subsection J6 of this Section, Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards, shall also apply. (Amd. Ord. 4851,8-7-2000) e. Native Growth Protection Areas -Protected Slopes: Unless development is allowed pursuant to subsection J5a(i), (ii), or (iii), Protected Slopes, those protected slopes shall be placed in a native growth protection area pursuant to RMC 4 3 050G4-3- 050EA, or dedicated to aconservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City: f. Conditions of Approval: Based upon the results of the geotechnical report and independent review, conditions of approval for developments on sites which include Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 60 1857 • 858 859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 . • 78 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 • 98 899 steep slopes may include, but are not limited to vegetation enhancement, slope stabilization, buffer zones, or other requirements. Mitigation plans may be required consistent with Section F8. g. Coordination with Stream and Lake Buffers: When a required stream/lake buffer falls within a protected slope area, the stream/lake buffer width shall extend to the ~·~.,f'I"'?'}_'4>~~i't~t boundary of the protected slope. IlCiitafJ.swNete: Added to be consistent with proposed stream regulations.] 6. Sensitive Slopes -Medium, High and Very High Landslide Hazards -High Erosion Hazards: The following standards apply to development on sensitive slopes, . medium/high/very high landslide hazard areas, and high erosion hazard areas: a. Erosion Control Plans: Development applications shall submit erosion control plans consistent with subsection J2 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits and Decisions. b. Conditions of Approval: The Reviewing Official may condition a development proposal to achieve minimal site erosion, including, but not limited to, timing of construction and vegetation stabilization, sequencing or phasing of construction, clearing and grading limits"and other measures. Mitigation plans may be required consistent with Section F8. c. On-Site Inspections: During construction, weekly on-site inspections shall be required at the applicant's expense. Weekly reports documenting erosion control measures shall be require~. 7. Very High Landslide Hazards: a. Prohibited Development: Development shall not be permitted on land designated with very high landslide hazards, except by variance; administered pursuant to RMC 4-9- 250B1, for construction cif a single family home on an existing legal lot. b. Buffer R~quirement: A buffer of fifty feet (50) 'shall be established from the top, toe and sides of a verY high landslide hazard area. The Department Administrator may increase or decrease the required buffer based upon the results of a geotechnical report, and any increase or decrease based upon the results of the geotechnical study shall be documented in writing and included with the project approval. i. The modified standard shall be based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. Notification may be required pursuant to Section F8. ii. When a required streamllake buffer falls within a very high landslide hazard area or buffer, the streamllake buffer width shall extend to the boundary of the very high landslide hazard buffer. jdI~"'N~t!: Added to coordinate with proposed stream buffers.] c. Native Growth Protection Area -Very High Landslide Hazards: The landslide hazard area shall be placed in a native growth protection area pursuant to subsection G EA of this Section, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City.-Based upon the results of the geotechnical study, the buffer may be placed in a native growth Draft Best Available Science Regulation Amendments, July 13, 2004 61 1900 1901 protection area, or it may be designated as a "no build" easement, or the area may be. designated in part, a native growth protection area and in part, a "no build" easement. 1902 8. Coal Mine Hazards: 1903 a. Medium Hazard -Report Required: Reports consistent with subsection J2 of this 1904 Section, Special Studies Required, and chapter 4-8 RMC, Permits and Decisions, shall 1905 be prepared for development proposed within medium coal mine hazard areas and for 1906 development proposed within two hundred feet (200 ) of a medium coal mine hazard 1907 area. An applicant may request that the Department Administrator waive the report 1908 requirement pursuant to subsection D4b of this Section,. Review Authority -Geologic 1909 Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. where it 1910 has been determined through field documentation that.coal mine hazards are not 1911 present. (Amd. Ord. 4835,8-7-2000) 1912 b. High Hazard -Report Required: Reports consistent with subsection J2 of this 1913 Section, Special Studies Required, and chapter 4-8 RMC, Permits and Decisions, shall 1914 be prepared for development proposed within high coal mine hazard areas and for 1915 development proposed within five hundred feet (500) of a high coal mine hazard area. 1916 An applicant may request that the Department Administrator waive, the report requirement 1917 pursuant to subsection D4b of this Section, Review Authority -Geologic Hazards, Habitat 1918 Conservation, Shorelines, Streams and Lakes, and Wetlands, where it has been 1919 determined through field documentation that coal mine hazards are not present. 1920 1921 1922 1923 1924 1925 .1926 1927 ·1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 c. Conditions of Approval: Based upon the results of studies prepared, the City may condition approval of development by requiring mitigation. Potential mitigation may include, but is not limited to, backfilling and sealing mine entries and shafts, backfilling existing sinkholes, removal or regrading or capping coal mine waste dumps, limiting development on portions of the site, or other measures offering equal protection from the hazard. A mitigation plan may be required consistent with Section F8. . i. Additional Engineering Design and Remediation Specifications: After approval of the mitigation approach proposed as a result of subsection J8c ofthis Section, and prior to construction, the applicant shall complete engineering design drawings and specifications for remediation. Upon approval of the plans and specifications, the . . applicant shall complete the remediation. Hazard. mitigation shall be performed by or under the direction of a qualified engineer or geologist. The applicant shall document the hazard mitigation by submitting as-builts and a remediation construction report. d: Hazards Found during Construction: Any hazards found during any development activities shall be immediately reported to the Development Services' Division. Any coal mine hazards shall be mitigated prior to recommencing construction based upon supplemental recommendations or reports by the applicant's geotechnical professional. e. Construction in Areas with Combustion: Construction shall not be permitted where surface or subsurface investigations indicate the possible presence of combustion in the underlying seam or seams, unless the impact is adequately mitigated in accordance with the recommendations of the applicant's geotechnical professional. 1941 1942 1943 1944 , 9. Volcanic Hazards: Critical facilities' on sites containing areas susceptible to inundation due to volcanic hazards shall require an evacuation and emergency management plan. The applicant for critical facilities shall evaluate the risk of inundation or flooding resulting from mudflows originating on Mount Rainier in a geotechnical report, and identify any engineering or other mitiaation measures as Draft Best Available Science Regulation Amendments, July 13, 2004 62 • • • 1945 .946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 • 962 963 1964 1965 1966 1967 1968 1969 1970 1971 1972, 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 • 984 985 appropriate. Mitigation plans may be required consistent with F8. lEaU'O'1ls1NGte: Based on a review of the DCTEDExample Code.] K. HABITAT CONSERVATION: 1. Applicability: The habitat conservation regulations apply to all nonexempt activities on sites containing or abutting critical habitat as classified below. a. Critical Habitat: Critical habitats are those habitat areas which meet any of the following criteria: i. The documented presence of non-salmon ids (see subsection L.1 and RMC 4-3-090 Shoreline Master Program Regulations for salmonid species) species proposed or listed by the federal government or State of Washington as endangered. threatened, sensitive, monitor, or priority; and/or ii. The presence of heron rookeries or raptor nesting areas; and/or iii. Category1 wetlands (refer to subsection M.1 of this Section for classification criteria. rEEi'm'rfs1N'M: Moved from subsection B to co-locate with performance standards at the request of Development Services.] b. Mapping: i. Critical habitats are identified by lists. categories and definitions of species . promulgated by the Washington State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12-011; in the "Priority Habitat and Species Program of the Washington State Department of Fish and Wildlife; or by rules and regulations a'dopted currently or hereafter by the U.S. ' Fish'and Wildlife Service. ii. Referenced inventories and maps are'to be used as guides to the general location' and extent of critical habitat. Critical habitat which is identified in subsection K1 a of this Section, but not shown on the referen'ced inventories and maps, are presumed to exist in the City and are also protected under all the provisions of this section. iii. The actual presence or absence of the criteria listed above as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. c. Performance Standards: In addition to the general standards of subsection E of this Section, the following performance standards, subsections K2 to K5, apply to all non- exempt activities on sites containing critical habitat areas per subsection BaK1 a. 2. Habitat Assessment Required: Based upon subsection Ba-KLofthis Section, Habitat Conservation, the City shall require a habitaUwildlife assessment for activities that are located within or abutting a critical habitat, or that are adjacent to a critical habitat. and have the potential to significantly impact a critcal habitat. The assessment shall-ffi determine the extent, function and value of the critical habitat \'vhen regulated acti'litiesare proposed which have the potential to cause sign+H~Gtsand potential for impacts and mitigation consistent with report requirements in RMC 4-8-120.D, In cases where a proposal is not likely to significantly impact the critical habitat and there is sufficient information to determine the Draft Best Available Science Regulation Amendments, July 13, 2004 63 1986 1987 1988 1989 1990 1991 effects of a proposal, an applicant may request that this report be waived by the Department Administrator in accordance with subsection D4b of this Section. The City may require . . , t-the applicant's expense. [;;ai 0l:tistD: Combined with other independent review conditions in subsection F above. Clarify that review is required if abutting/adjacent based on DCTED Example Code.] 1992 3. Bald Eagle Habitat: Bald eagle habitat shall be protected pursuant to the Washington 1993 State Bald Eagle Protection Rules (WAC 232-12-292). ~oil~8r6Hl Based on a review of 1994 the DCTED Example Code.] 1995 ~. Native Growth Protection Areas: Based onthe required habitat assessment, the 1996 Reviewing Official may require critical habitat areas and their associated buffers be placed in 1997 a native growth protection area subject to the requirements of subsection G-EA of this 1998 Section, or dedicated to a conservation organization or land trust, or similarly preserved 1999 through a permanent protective mechanism acceptable to the City .. 2000 4~. Alterations Require Mitigation: If alterations to critical habitaVwildlife habitat or buffers 2001 are proposed, mitigation shall be required by the City. The applicant shall evaluate alternative 2002 methods of developing the property using the following criteria in this order: 2003 a. Avoid any disturbances to the habitat. 2004 b. Minimize any impacts to the habitat. 2005 2006 2007 2008 2009 2010 c. Compensate for any habitat impacts. S~. Mitigation Options: In addition to any performance standards or mitigation required by wetland regulations, additional mitigation maybe determined by the Reviewing Official based upon the consultant report submitted by the applicant, and/or peer review of the applicant's consultant report by a qualified professional selected by the City at the applicant's expense, and/or by information from State or Federal agencies. 2011 a. On-Site Mitigation: Mitigation shall be provided on-site, unless on-site mitigation is 2012 not sCientifically feasible due tophysieal features of the property. The burden of proof 2013 shall be on the applicant to demonstrate that mitigation cannot be provided on-site. . . 2014 b. Off-Site Mitigation: When mitigation cannot be provided on-site, mitigation shall be 2015 provided in the immediate vicinity of the permitted activity on property owned or 2016 controlled by the applicant, and identified as such through a recorded document such as 2017 an easement or covenant, provided such mitigation is beneficial to the habitat area and 2018 associated resources. 2019 c. In-Kind Mitigation: In-kind mitigation shall be provided except when the applicant 2020 demonstrates and the City concurs that greater functional and habitat value can be 2021 achieved through out-of-kind mitigation .. 2022 7. Mitigation Plan: Mitigation plans may be required consistent with F8. 2023 2024 2025 L. SHORELINES, STREAM~ AND LAKES: (Reserved) Pending issuance of "4d" Rule by the National Marine Fisheries Service and subsequent Tri County Regulatory Response Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 64 • 2026 027 028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 • 045. 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 ~63 ~064 1. Applicability/Lands to Which These Regulations Apply: These stream and lake regulations apply to sites containing all or portions of Class 2 to 4 streams or lakes and/or their buffers as described below. This section does not apply to Class 1 waters which are regulated by RMC 4-3-090, Shoreline Master Program Regulations, or to Class 5 waters which are exempt. All other critical area regulations, including, but not limited to flood hazard regulations and wetland regulations, do apply to classified streams where applicable. a. Classification System: The following classification system is hereby adopted for the purposes of regulating streams and lakes in the City. Stream and lake buffer widths are based on the following rating system: i. Class 1: Class 1 waters are perennial salmonid-bearing waters which are: classified by the City and State as Shorelines of the State. rEaiit~M~t~: Class 1 will be based on status as a Shoreline of the State only; if not mapped or not a Shoreline of the State the stream would be Class 2. Note that the Class 1 waters also coincide with the known mapped Chinook distribution.) ii. Class 2: Class 2 waters are perennial or intermittent salmonid-bearing waters which meet one or more of the following criteria: (a) Mapped on Figure 0.1, Renton Water Class Map, as Class 2; and/or (b) Historically and/or currently known to support salmonids, including resident trout, at any stage in the species lifecycle; and/or (c) is a water body (e.g. pond, lake) between 0.5 acre and 20 acres in size . raii'1I'~ The Stream regulations would protect salmonid habitat; butthe standards are not designed to address other aquatic species. Other fish/aquatic species that are listed would be addressed through Habitat Conservation regulations.] . iii. Class 3: Class 3 waters are non-salmonid-bearing perennial waters during years of normal rainfall, and/or mapped on Figure a.m. Renton Water Class Map. as Class 3. iv. Class 4: Class 4 waters are non-salmonid-bearing intermittent waters during years of normal rainfall, and/or mapped on Figure 0.1, Renton Water Class Map, as Class 4. v. Class 5: Class 5 waters are non-regulated non-salmonid-bearing waters which meet one or more of the following criteria: (a) flow within an artifically constructed channel where no naturally-defined channel had previously existed; and/or (b) Are a surficially isolated water body less than 0.5 acre (e.g. pond) not meeting the criteria for a wetland as defined in Section M. b. Measurement: i. Stream/Lake Boundary: The boundary of a stream or lake shall be considered to . be its Ordinary Hiqh Water Mark (OHWM). The OHWM shall be flagged in the field by Draft Best Available Science Regulation Amendments, July 13, 2004 ~ 65 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 ·2098 2099 2100 . 2101 2102 2103 2104 2105 2106 2107· 2108 2109 .2110. 2111 2112 2113 a qualified consultant when any study is required pursuant to Subsection L of this Section .• W&'~G'tltm The water resource is proposed to be measured based on the OHWM. The riparian areas. where they exist, would be a part of the buffer. The City's flood hazard regulations and wetland regulations would apply in addition to the water body regulations where applicable.) . ii. Buffer: The boundary of a buffer shall extend beyond the boundaries of the stream or lake to the width applicable to the stream/lake class as noted in Subsection L.5 below, Stream/Lake Buffer Width Requirements. c. Maps and Inventory: i. Mapped Streams and Lakes: The approximate location and extent of Class 2 to 4 water bodies within the City limits are indicated on a map in Subsection a of this Section, Maps. The map is to be used as a guide to the general location and extent . of streams. Specific locations and extents will be determined by the City based upon field review and applicant-funded studies prepared pursuant to Subsection L.3. ii. Reclassification: Where there is a conflict between the Renton Water Class Map in Subsection a and the criteria in Subsection L.1.a, the criteria in Subsection L.1.a shall govern. The re-classification of a water body to a lower class (Le. 2 to 3: or 3 to 4, etc.) requires Administrator acceptance of a Supplemental Stream or Lake Study, followed by· a legislative amendment to the map in Subsection a prior to its effect. iii. Unmapped Streams and Lakes: Streams and lakes which ate defined in Subsection L.1.a of this Section, Classification System. but not shown on the Renton Water Class Map in Subsection a,· are presumed to exist in the City and are regulated by all the provisions of this Section. IF the water body is unmapped according to the City of Renton's Water Class Map (refer to Subsection a), and:· (a) the width of the stream channel· averages less than two-feet at the Ordinary High Water Mark, or· (b) the stream channel has an average gradient of greater than 20 percent, or . (c) the channel or water body is upstream of an existing, enduring, and complete barrier to salmonid migration, as interpreted in Subsection L.1 .c.iv below. or as shown on the City of Renton's Salmonid Migration Barrier Map. and the channel or water body contains water only intermittently upstream of the barrier during years of normal rainfall, or (d) the water body is isolated from any connected stream and/or wetland, or (e) the water body is less than 0.5 acre in size and connected to. a stream meeting the criteria noted in Subsections L.1 .c.iii.(a) through (c) above: . THEN the water body is considered Non-Salmonid-Bearing and water class would be assessed based upon the Non-Salmonid-Bearing Waters criteria in Subsections L.1.a.iii. through v. above. HOWEVER, If none of the conditions above apply, then the water body is considered Salmonid-Bearing -Class 2. Classification of an unmapped stream or lake is effective upon expiration of the 14-day appeal period following the Administrator's determination, and the map in Subsection a shall be amended consistent with Administrator determinations at the next appropriate amendment cycle. Draft Best Available Science Regulation Amendments, July 13, 2004 66 • • • • 2114 115 116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 • 136 137 138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 • 163 164 iv. Salmonid Migration Barriers: For purposes of classifying or reclassifying water bodies, features determined by the Administrator to be salmonid migration barriers per definition in RMC 4-11-190 shall be mapped, The Administrator shall prepare and update the map as appropriate and maintain a copy in the Planning/Building/Public Works Customer Service Area, [rtjaiit3T~mijt~: The description of the barriers in RMC 4-11-190 to salmonid migration is intended to avoid interpretations that temporary features should result in a lower stream class, or that partial barriers should lead to a lower stream class, or the situation where someone is adding a barrier; the current mapping of barriers by a prior City consultant may not have included temporary or partial barriers; but the language here may help guide future mapping updates.) v. Experts or State Agency May Be Required or Consulted: The City may require an applicant to retain an expert or to consult the Washington Departrrient of Fish & Wildlife to assess salmonid-bearing status of the channel in question and prepare a . report to the City detailing the facts and conclusion of their analysis. vi. Criteria to Govern: The actual presence or absence of the stream and lake criteria listed in this Section L. as 'determined by qualified professionals. shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. 2. Applicability -Activities to Which This Section Applies: This Section applies to all non-exempt activities on sites containing Class 2 to 4 streams or lakes and their associated buffers. 3. Studies Required: a .. When Standard Stream or Lake Study Is Required: The applicant shall be required to conduct a Standard Stream or Lake Study per RMC 4-8-120 if a site contains a water body or buffer area or the project area is within one hundred feet (100') of a water body even if the water body is not located on the subject property. b. When Supplemental Stream or Lake Study is Required: The applicant shall be required to conduct a Supplemental Stream or Lake Study per RMC 4-8-120 if a site contains a water body or buffer area and changes to buffer requirements or alterations of the water body or its associated buffer are proposed, either administratively or via a variance request. c. When Stream or Lake Mitigation Plan is Required: The applicant shall be required to conduct a Stream or Lake Mitigation Plan per RMC 4-8-120 if impacts are identified within a Supplemental Stream or Lake Study. The approval of the Stream or Lake Mitigation Plan by the Administrator shall be based on the criteria located in Subsection L.3.c.ii below .. i. Timing of Mitigation Plan -Final Submittal and Commencement: When a Stream or Lake Mitigation Plan is required, the applicant shall submit a final mitigation plan for the approval of the Administrator Prior to the issuance of· building or construction permits whichever comes first. The applicant shall receive written approval of the final mitigation plan prior to commencement of any mitigation activity. ii. Criteria for Approval of Stream or Lake Mitigation Plan for Alterations of Streams and Lakes or Associated Buffers: In order to approve a Stream or Lake Mitigation Plan the Administrator shall find that the Plan demonstrates compliance with the following criteria: =iK"'''",'''''"oY,~ . I C 1 rBCfltor~s)N'0tei Based upon DCTED Examp e ode. Draft Best Available Science Regulation Amendments, July 13, 2004 67 I 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 ·2201 2202 2203 2204 2205 2206 2207. 2208 2209 2210 2211 2212 2213· 2214 .2215 2216 2217 2218 2219 (a) Mitigation Location: Mitigation location shall follow the preferences in (i) to (iv) . below: (i) On-site mitigation: On-site mitigation is required unless the Reviewing Official finds that on-site mitigation is not feasible or desirable; em Off-site mitigation within same drainage subbasin as subject site: Off- site mitigation may be allowed when located within the same drainage subbasin as the subject site and if it achieves equal or improved ecological functions over mitigation on the subject site; . (iii) Off-site mitigation within same drainage basin within City limits: Off- site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved ecological functions within the City over mitigation within the same drainage subbasin as the project; (iv) Off-site mitigation within the same drainage basin outside the City limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or improved. ecological functions over mitigation within the same drainage basin within the Renton City limits and it meets City goals. eb) Contiguous corridors: Mitigation sites shall be located to preserve or achieve contiguous riparian or wildlife corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed; and eel Non-indigenous species: Wildlife, or fish species not indigenous to the region shall not be introduced into a riparian mitigation area unless authorized by a State or Federal permit or approval. Plantings shall be consistent with Section 4-3-050.L.6.c.; and Cd) Equivalent or greater biological functions: The Administrator shall utilize the report "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations" by AC Kindig & Company 'and Cedarock Consultants. dated X, 2003. unless superceded with a City-adopted study, to determine the existing or potential ecological function of the stream or lake or riparian' habitat that is being affected. . Mitigation shall address each function affected by the alteration. Mitigation to compensate alterations to streamllake areas and associated buffers shalt achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or' downstream of the development proposal site. No-net-Ioss of riparian habitat or water body function shall be demonstrated; and eel Minimum Mitigation Plan Performance Standards: See Subsection 4-3-050.F.8. (f) Additional Conditions of Approval: The Administrator shall condition approvals of . activities allowed within or abutting a streamllake or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include. but are not limited to, the following: (i) Preservation of critically important vegetation and/or habitat features such as snags and downed wood; (ij) Limitation of access to the habitat area. including fencing to deter unauthorized access: Draft Best Available Science Regulation Amendments, July 13, 2004 68 • • •• 2220 • 221 222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 • 247 248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 ·2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 .273 (iii) Seasonal restriction of construction activities; and (iv) Establishment of a duration and. timetable for periodic review of mitigation activities. (0) Based on Best Available Science: The applicant shall demonstrate that the mitigation is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. III. Performance Surety: The Administrator shall require a performance surety to ensure completion and success of proposed mitigation, per RMC 4-3-050.G and 4-1-230. iv. Alternative Mitigation: The mitigation requirements set forth in this Subsection L.3 may be modified at the Administrator's discretion if the applicant demonstrates that improved habitat functions, on a per function basis, can be obtained in the affected sub-drainage basin as a result of alternative mitigation measures. d. Studies Waived: i. Standard Stream or Lake Study: May only be waived by the Administrator when the applicant provides satisfactory evidence that: (a) A road, building or other barrier exists between the water body and the proposed activity, or (b) The water body or required buffer area does not i'ntrude on the applicant's lot. and based on evidence submitted, the proposal will not result in significant adverse impacts to nearby water bodies regulated under this Section; or (c) Applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. ii. Supplemental Stream or Lake Study: May only be waived by the Administrator when: (a) No alterations or changes to the stream or lake, or its standard buffer are proposed; or (b) Applicable data and analysis appropriate to the project· proposed exists and an additional report is not necessary. iii. Stream or Lake Mitigation Plan: May only be waived when no impacts have been identified through a Supplemental Stream or Lake Study. e. Period of Validity for Studies Associated with This Section: Studies submitted and reviewed are valid for five (5) years from date of Study completion unless the Administrator determines that conditions have changed significantly. 4. General Standards for Class 2 to 4 Waters: a. Disturbance Prohibited: Streams and lakes and their buffer areas shall be undisturbed, except where the buffer is to be enhanced, or where exemptions allowed in Subsection 4-3-050.C are conducted. or where allowed to be altered in accordance with Subsections L5. L7 and L8. Where water body or buffer disturbance has occurred in accordance with exemption or Draft Best Available Science Regulation Amendments, July 13, 2004 69 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 development permit approval during construction or other activities, revegetation with native vegetation shall be required. rE1lfilr~~HntEl Similar language copied to exemption criteria.]' b. No Net Loss: There shall be no net loss of riparian area or shoreline ecological function resulting from any activity or land use occurring within the regulated buffer area. 5. Stream/Lake Buffer Width Requirements: a, Minimum Stream/Lake Buffer Widths: The. minimum width of the required buffers shall be based upon the water body class. (iEfafterJ'If-;J5te: Increased and Reduced Buffer Widths dealt with in separate subsections.] i. Class 2: 100 feet ii. Class 3: 75 feet iii. Class 4: 35 feet b. Increased Buffer Width: i. Areas of High Blow-down Potential: Where the streamnake buffer is in an area of hiqh blOW-down potential as identified by a qualified professional.' the buffer width may be expanded an additional fifty (50) feet on the windward side by the Responsible Official. Notifications may be required per section F8. ii. Buffers Falling Within Protected Slope or Very High Landslide Area: When the required stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the streamllake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. Notifications may be required per section F8. c. Reduction of Buffer Width: i. Authority: Based upon an applicant's request. and the acceptance of a Supplemental Stream or Lake Study. the Administrator may approve a reduction in the minimum buffer widths where the applicant can demonstrate compliance with Subsections iv(a), (c), Cd), (e) and (f) below and any mitigation requirements as a result of L.3.c.ii above; or compliance with Subsections iv(b),(c}, Cd), (e). and (f) below and any mitigation requirements as a resullof L.3.c.ii. above. ii. Minimum Buffer Width Permissible by Administrator: An enhanced buffer shall not be less than the widths specified below for reduced buffers. (a) Class 2: 75 feet (b) Class 3: 50 feet (c) Class 4: 25 feet Greater buffer width reductions than listed in subsections (a) through (c)· above require review as a variance per Subsection N3 of this Section and RMC 4-9-250B. iii. Procedure: Such determination and evidence shall be included in the application file. Public notification shall be given as follows: Draft Best Available Science Regulation Amendments, July 13, 2004 70 • • 2328 • 329 330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 • 354 , 355 2356 2357 2358 2359 2360 2361 2362 2363 2364, 2365 ' 2366 2367 2368 2369 2370 2371 2372 2373 2374 2375 2376 2377 2378 2379 &380 .381 (a) For applications that are not subject to notices of application per RMC 4-8, notice of the buffer determination shall be given by posting the site and notifying parties of record, if any. in accordance with RMC 4-8. (b) For applications that are subject to notices of application, the buffer determination or request for determination shall be included with notice of application. Upon determination, notification of parties of record. if any, shall be made. iv. Criteria for Approval of Reduced Buffer Width: Criteria (a) and (c) through (f), or , criteria (b) through (f) shall be met: (a) The buffer area land is extensively vegetated and has less than fifteen percent (15%) slopes; the width reduction will not reduce stream or lake functions, including those of anadromous fish or nonfish habitat; the width reduction will not degrade riparian habitat; and no direct or indirect. short-term or long-term, adverse impacts to regulated water bodies. as determined by the City, will result from a regulated activity. The City's determination shall be based on specific site studies by recognized experts, pursuant to Subsection F3 and RMC 4-8-120; or (b) The proposal includes daylighting of a stream, or removal of legally installed, as determined by the Administrator, salmonid passage barriers; and (c) The project includes a buffer enhancement plan using native vegetation and substantiates that the enhanced area will be equal to or improve the functional attributes of the buffer; and (d) The proposal will result in, at minimum, no-net loss of stream/lake/riparian ecological ' function; and, . (e) The proposal does not result in increased flood hazard risk; and (f) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific' information, the steps in RMC 4-9-250F are followed. d. Averaging of Buffer Width: i. Authority: Basea upon an applicant's request. and the acceptance of a' Supplemental Stream or ~ake Study, the Administrator may approve buffer width averaging. ' ii. Minimum Averaged Buffer Widths: In no instance shall the buffer width be less than: Cal Class 2: 50 feet (bl Class 3: 37.5 feet eel Class 4: 25 feet Greater buffer width reductions than listed in subsections (a) through (c) above require review as a variance per Subsection N3 of this Section and RMC 4-9-250B. iii. Criteria for Approval: Buffer width averaging may be allowed by the Administrator only where the applicant demonstrates all of the following: Draft Best Available Science Regulation Amendments, July 13, 2004 71 I 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 2402 '2403 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 2433 .2434 2435 2436 (a) The water body and associated riparian area contains variations in ecological sensitivity or there are existing physical improvements in or near the water body and associated riparian area; and· (b) Buffer width averaging will result in no-net loss of streamllake/riparian ecological function; and (c) The total area contained within the buffer after averaging is no less than that contained within the required standard buffer width prior to averaging; and (d) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195~905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. iv. Buffer Enhancement May be Required: Where the buffer width is reduced by averaging per this Subsection, buffer enhancement shall be required where appropriate to site conditions, habitat sensitivity, and proposed land development characteristics. v. Notification: Notification may be required consistent with F8. 6. Stream or Lake Buffer Use Restrictions and Maintenance: Any . activity or proposal subject to RMC 4-3-050.L shall comply with the following standards within' required buffer areas: a. Preservation of Native Vegetation: Existing native vegetation shall be preserved to the . extent possible, preferably in consolidated areas. b. Revegetation Required: Where water body buffer disturbance has occurred in accordance with exemption or development permit approval or other activities, revegetation· with native vegetation shall be required. c. Use of Native Species: When revegetation is required, native species, or other appropriate species naturalized to the Puget Sound region and approved by the Reviewing Official, shall be used. A variety of species shall be used which serve as food or shelter from climatic extremes and predators, and as structure and cover for reproduction and rearing of young. d. Removal of Noxious Species: When required as a condition of approval, noxious or undesirable species of plants shall be removed or controlled so as to not compete with native vegetation.· , e. Impervious Surface Restrictions: Where impervious surfaces exist in buffer areas, such impervious surfaces shall not be increased or expanded within the buffer area. The extent of impervious surfaces within the buffer area may only be re-arranged if the reconfiguration of impervious surfaces is part of an enhancement proposal that improves ecological function of the buffer area, rE(jlt0f,fS:i~om: States what City is trying to achieve when impervious surfaces are re-arranged ,J 7. Criteria for Permit Approval -Class 2 to 4: Permit approval by the Reviewing Official for projects involving regulated water bodies shall be granted only if the approval is consistent with the proviSions of this Section L. and complies with the following: ' a. Creation of Native Growth Protection Areas Required: As a condition of any approval for any development permit issued pursuant to this Section, the property owner shall be required to create a native growth protection area containing the stream/lake area and associated buffers based upon field investigations performed pursuant to Subsection E.4. and . Draft Best Available Science Regulation Amendments, July 13, 2004 72 • • • 2437 • 38 439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 2460 2461 2462 2463 • 64, 65 2466 2467 246~ 2469 2470' 2471 2472 2473 2474 , 2475 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 2487 2488 2489 .90 b. At least one of the following conditions must apply: i. A proposed action meets the standard provisions of this Section and results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located, or , ii. A proposed action meets alternative administrative standards pursuant to this Section and the proposed activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located; or iii. A variance process is successfully completed and the proposed activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located. 8. Alterations Within Streams and Lakes or Associated Buffers a. Transportation Crossings: i. Criteria for Administrative Approval of Transportation Crossings in Stream/Lake or Buffer Areas: Construction of vehicular or non-vehicular transportation crossings may be permitted in accordance with an approved supplemental stream/lake study subject to the following criteria: (a) There is no other feasible alternative route with less impact on the environment: and . -. . (b) The crossing minimizes interruption of do~nstream movement .of wood and gravel; , and" (c) Transportation facilities in buffer areas shall not run parallel to the water body; and (d) Crossings occur as near to perpendicular with the water body as possible; and , , (e) Bridges· are designed according to the Washington Department of Fish and Wildlife Fish Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000, as may be updated, or equivalent manuals as determined by the Responsible Official; and (flSeasonalwork windows are determined,and made a condition of approval; and (g) Mitigation criteria of RMC 4-3~050.L.3.c.ii. are met. . , ~~ Based in part upon the State Example Codel b. Alterations of Streams and Lakes or Associated Buffers --Utilities: i. Criteria for Administrative Approval of Utilities in Stream/Lake or Buffer: New utility lines and facilities may be permitted to cross water bodies in accordance with an approved supplemental stream/lake study, if they comply with the following criteria: (a) Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and (b) The utility is designed consistent with one orrriore of the following methods: Draft Best Available Science Regulation Amendments, July 13, 2004 73 2491 2492 2493 2494 2495 2496 2497 2498 2499 2500 2501· 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517 2518 2519 2520 2521 2522 2523 2524 2525 2526 ' 2527 . 2528 ' 2529 2530 2531 2532 2533 2534 2535 2536 2537 2538 2539 2540 2541 2542 2543 2544 (i) Installation shall be accomplished by boring beneath the scour depth and hyporheiczone of the water body and channel migration zone; or (ii) The' utilities shall cross at an angle greater than sixty (60) degrees to the . centerline of the channel in streams or perpendicular to the channel centerline; or (iii) Crossings shall be contained within the footprint of an existing road or utility crossing; and (c) New utility routes shall avoid paralleling the stream or following a down-valley course' near the channel; and ' .' (d) The utility installation shall not increase or decrease the natural rate of shore migration or channel migration; and (e) Seasonal work windows are determined and made a condition of approval; and . '. . . . m Mitigation criteria of RMC 4-3-050.L.3.c.ii. are met. . , mit3F~.m Based in part upon the State Example Code.] c. Alterations of Streams and Lakes or Associated Buffers -In-Water Structures and In- Water Work: i: Administrative Approval of In-Water Structures or In-Water Work: In accordance with an approved supplemental stream or lake study, in-water structures or work may be permitted, subject to the following: In-stream structures, such as, but not limited to, high flow bypasses. sediment ponds, in-stream ponds. retention and detention facilities, tide gates. , dams, and weirs, shall be allowed as part of an approved watershed basin restoration project' approved 'by the City of Renton, and in accordance with mitigation criteria of RMC 4-3- 050.L.3.c.ii.' The applicant will obtain and comply with State or Federal permits and requirements. pd'OiJU[afE!: Based in part on the State Example Code.] . ,,' . d. Alterations of Streams' and Lakes or Associated Buffers -Dredging. L Administrative Approval of Dredging: Dredging may be permitted only when: '(a) Dredging is necessary'for'f1ood hazard reduction purposes, if a·definiteflood hazard: . would exist unless dredging were permitted; or ., . . (b) Dredging js necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life; or . (c) Dredging is associated with a, stream habitat enhancement or creation project not otherwise exempt in 4-3-050.C; or ., . , (d) Dredging is necessary to protect public facilities; or . . . . . . (e) Dredging is required as a maintenance ~md operation condition of a federally funded flood hazard reduction project or a hazard mitigation project; and . . . , (f) Applicable mitigation criteria of RMC 4-3-050.L.3.c.ii. are met. ' '. !laff.oms:~ote: Based in part upon the Renton SMP :) Draft Best Available Science Regulation Amendments, July 13, 2004 74 • • 2545 546 547 2548 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 • 71 72 573 2574 2575 2576 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 .596 e. Alterations of Streams and Lakes or Associated Buffers --Stream Relocation: i. Administrative Approval of Stream Relocation: Stream relocation may be allowed when analyzed in an accepted supplemental stream or lake assessment, and when the following criteria and conditions are met: (a) Criteria -Stream relocation may only be permitted if associated with: (i) A public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies; or " . . (ij) Expansion of public road or other public facility improvements where no feasible alternative exists; or . (iii) A public or private proposal restoring a water body to its original location and resulting in a net benefit to on-or off-site habitat and species. (b) Additional Conditions: The following conditions also apply to any stream relocation proposal meeting one or more of the above criteria: (i) Buffer widths shall be based upon the new stream location, provided that the buffer widths may be reduced or averaged if meeting criteria of L.S c or d, or other equivalent on-or off-site compensation to achieve no-net-Ioss of riparian function is provided; and (H) Applicable mitigation criteria of RMC 4-3-0S0.L.3.c.ii. must be met; and (iii) Proper notifications and records must be made of stream relocations, per RMC 4- 3-0S0.D.3.b, Infoni1ation to be Obtained and 'Maintained, and RMC 4-3-0S0.D.3.c, Alterations" of Watercourses, in cases where the streamllake is subject to flood hazard regulations of RMC 4-3-0S0, as well as RMC 4-3-0S0.FB if neighboring properties are impacted. " rElifGjjDltea Based in part upon the Renton SMP.] f. Alterations -Single Family Home -Existing Legal Lot: If criteria to reduce or average a buffer cannot be met, construction, reconstruction, additions, and associated accessory structures of a single family home on an existing legal lot may be allowed to intrude into a buffer pursuant to a variance as stated in RMC 4-9-2S0B 1 .. " g. Alterations '-Other: Proposed alterations of a stream or lake or associated buffer not addressed by Subsections L.8.a to L.8.f require a variance pursuant to RMC 4-9-2S0B in order to be condycted. h. When Variance Is Required: If the proposed alteration applicable to Subsections L.B.a to L.8.g does not meet the above criteria, it shall require a variance per Subsection N3 of this Section and RMC 4-9-2S0B in order to be conducted. M. WETLANDS: 1. Applicability: The wetland regulations apply to sites containing or abutting wetlands as described below. Category 2 wetlands, less than two thousand two hundred (2,200) square feet in area. and Category 3 wetlands, less than five thousand (S,OOO) square feet in area, Draft Best Available Science Regulation Amendments, July 13, 2004 7S 2597 2598 2599 2600 2601 2602 2603 2604 2605 2606 2607 2608 2609 2610 2611 2612 2613 2614· 2615 2616 2617 2618 2619 2620 2621 2622 .... 2623· 2624 2625 2626 2627 2628 .2629 2630 2631 2632 2633 2634 2635 . . are exempt from these regulations if they meet exemption criteria in RMC 4-3-050.C. (Amd. Ord. 4851,8-7-2000) [Sr.,,: . Section below and above moved from subsection B to co-locate with performance standards at the reguest of Development Services and modified based on Parametrix review.] . a. Classification System: The following classification system is hereby adopted for the . purposes of regulating wetlands in the City. Wetlands buffer widths, replacement ratios and avoidance criteria shall be based on the following rating system: i. Category 1, Very High Quality Wetlands: Category 1 wetlands are wetlands which meet one or more of the following criteria: (a) The presence of species listed by Federal or State government as endangered or threatened, or the presence of essential habitat for those species: and/or (b) Wetlands having forty percent (40%) to sixty percent (60%) permanent open water (in dispersed patches or otherwise) with two (2) or more vegetation classes; and/or . . (c) Wetlands egual to or greater than ten (10) acres in size and having three (3) or more vegetationcl~sses, one of which is open water; and/or identified language as vague, alternative language could be -"The presence of high quality regionally rare wetland communities with irreplaceable ecological functions. "] (e) Rated as a Category I wetland based on an adopted rating system by the State of Washington Department of Ecology. ii. Category 2; High Quality Wetlands: Category 2 wetlands are wetlands which ... meet one or more of the following criteria: . (a) Wetlands that are not Category 1 or 3 wetlands; and/or. .(b) Wetlands that have heron rookeries or raptor nesting trees, but are not Category 1 wetlands: and/or languge added based on Parametrix review.} . ," . (d) Wetlands haVing minimum existing evidence of human related physical alteration such as diking, ditching or channelization; and/or (e) Rated as aCategorY'lIor III wetland based on an adopted rating system by the State of Washington Department of Ecology. rf§1iI~~~~: Based on . Parametrix review.] . Draft Best Available Science Regulation Amendments, July 13, 2004 • 76 .636 .. 637 2638 2639 2640 2641 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2653 .654 2655 2656 2657 2658 2659 2660 2661 2662 2663 2664 2665 • 666 iii. Category 3, Lower Quality Wetlands: Category 3 wetlands are wetlands which meet one or more of the following criteria: (a) Wetlands that are severely disturbed. Severely disturbed wetlands are· wetlands which meet the following criteria: • Are characterized by hydrologic isolation, human-related hydrologic alterations such as diking, ditching, channelization and/or outlet modification; and • Have soils alterations such as the presence of fill, soil removal and/or compaction of soils; and • May have altered vegetation. (b) Wetlands that are newly emerging. Newly emerging wetlands are: • Wetlands occurring on top of fill materials; and • Characterized by emergent vegetation, low plant species richness and used minimally by wildlife. These wetlands are generally found in the areas such as the Green River Valley and Black River Drainage Basin. (c) All other wetlands not classified as Category 1 or 2 such as smaller, high . quality wetlands. (d) Those rated as a Category IV wetland based on an adopted rating system by the State of Washington Departmentof Ecology. J§jfttli!Ret~: Based on Parametrix review.] Parametrix review.] City of Renton State DeQartment Category of Ecology Category ·1 ! ~ II and III ~ IV c. MaQs and Inventory: i. The approximate location and extent of wetlands in the City is displayed in subsection Q of this Section, Maps. The map is to be used as a guide to the general location and extent of wetlands. ii. Wetlands which are defined in subsection M.1.a of this Section. Classification System, but not shown on the Renton Wetlands Map Inventory. are presumed to exist in the City and are also protected under all the provisions of this section . Draft Best Available Science Regulation Amendments, July 13, 2004 77 2667 2668 2669' 2670 2671 2672 2673 2674 2675 ,2676 2677 2678 2679 2680 2681 2682 2683 2684 2685 2686 2687 2688 2689 2690 2691 I 2692 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 2706 2707 iii. The actual presence or absence of the wetland criteria listed above, as determined by qualified professionals, shall govern the treatment of an individual building site or parcel of land requiring compliance with these regulations. d. Delineation of Wetland Edge: For the purpose of regulation, the wetland edge should , be delineated pursuant to subsection M4 of this Section. e. Regulated and Nonregulated Wetlands: Refer to subsection M1 a and M1f of this Section for applicability thresholds for regulatory and non regulatory wetlands. f. Performance Standards: In addition to general standards of subsection E of this Section, the following performance standards apply to all regulated wetlands. ai, Regulated and Nonregulated Wetlands -General: Wetlands created or restored as a part of a mitigation project are regulated wetlands. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites for purposes other than wetland mitigation, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm pond, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. The Department Administrator shall determine that a wetland is not regulated on the basis of photographs, statements, and other evidence. ' bil. Nonregulated Category 3 Wetlands: Based upon an applicant request, the Department Administrator may determine that Category 3 wetlands are not ' considered regulated wetlands, if the applicant demonstrates the following criteria are met: ' {illh The wetland formed on top of fill legally placed on a property; and , ' {Q}ih The wetland hydrology is solely provided by the compaction of the soil and fill material; and " ~ the U.S. Army Corps of Engineers has determined that they will not take jurisdiction over the wetland. 2. General Standards for Permit Approval: Permit approval by the Reviewing Officiaifor projects involving regulated wetlands or wetland buffers shail be granted only if the approval is consistent with the provisions of this section. Additionally, approvals shall only be granted if: a. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; and .' , b. The, proposed activity results in no net loss of regula ted wetland area, value, or function in the drainage basin where the wetland is located; or c. Denial of a permit would deny all reasonable use of the property and a A variance ,'process is successfully completed to determine conditions for.permitting of activity requested including measures to reduce impacts as appropriate. ~~~ift:l ' Changed to be consistent with proposed streams and lakes regulations,] , 'Draft Best Available Scien'ce Regulation Amendments, July 13, 2004 • '. 78 • 2708 709 2710 2711 2712 2713 2714 2715 2716 2717 2718 2719 2720 2721 2722 2723 2724 2725 2726 2727 2728 2729 .730 2731 2732 2733 2734 2735 2736 2737 2738 2739 2740 2741 2742 2743· 2744 2745 2746 2747 2748 2749 • 750 . 751 3. Study Required: a. When Study Is Required: Wetland classifications or delineationsassessments are required as follows: i. Wetland Classification: The applicant shall be required to conduct a study to determine the classification of the wetland if the subject property or project area is within one hundred feet (100) of a wetland even if the wetland is not located on the subject property but it is determined that alterations of the subject property are likely . to impact the wetland in question or its buffer. If there is a potential Category 1 or 2 wetland within three hundred (300) feet of a proposal, the City may require an applicant to conduct a study even if the wetland is not located on the subject property but it is determined that alterations of the subject property are likely to impact the wetland in question or its buffer. JECiit'S'aJiiIie: Based on Parametrix review, and Staff Review Team regarding the difficulties in obtaining neighboring property owner permission if offsite. DOE early agency review suggested that the distance be measured from the wetland or its buffer .J ii. Wetland Delineation: A wetland delineation is required for any portion of a wetland on the subject property that will be impacted by the permitted activities. b. Study Waived: The sWGy-wetland assessment shall be waived by the [)epartment Administrator when the applicant provides satisfactory evidence that a road, building or . other barrier exists between the wetlan9 and the proposed activity, or when the buffer area needed or required will notintrude on the applicant's lot. or when applicable data and analysiS appropriate to the project proposed exists "and an additional report is not necessary; 4. Delineation of Regulatory Edge of Wetlands: . . . . . a. Methodology: For the purpose of regulation, the exact location of the wetland edge shall be determined by the wetlands specialist hired at the expense of the applicant through the performance of a field investigation using the procedures provided in the following manual: Washington State Wetlands Identification and Delineation Manual, Washington StateOepartment of Ecology, March 1997, Ecology Publication #96-94. b. Delineations -Open Water: Where wetlands are contiguous with area~ of open freshwater, streams, or rivers, the delineation shall be consistent with the Washington State Wetlands Rating SYstem: Western Washington, SeCond Edition, Washington State Department of Ecology, August 1993, Publication #93-74, Appendix 5, or another accepted Federal or State methodology, subject to City. review: ." c. Adjustments to Delineation by City: Where the applicant has provided a delineation of the wetland edge, the City shall review and may render adjustments to the edge delineation. In the event the adjusted edge delineation is contested by the applicant, the City shall at the applicant's expense, obtain the services of an additional qualified wetlands speCialist to review the original study and render a final delineation. d. Period of Validity for Wetland Delineation: i. Within City Limits: A final wetland delineation, for properties within the city limits at the time the delineation was prepared, is valid for five (5) years, unless the Department Administrator determines that conditions have changed. ~ vaUdity-pOf.i.OO-sRaH-femaiA-apj)HGaGle-f.eF-j*ojects 'Nhere complete building permit Of Draft Best Available Science Regulation Amendments, July 13, 2004 79 2752· 2753 2754 2755 2756 2757 . 2758 2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 2769 2770 . 2771 2772 2773 2774 2775 2776 2777 2778 2779 2780 2781 2782 2783 2784· 2785 2786 2787 preliminary plat applications have been submitted regardless of 'Nhether conditions have changed_ Upon applicant request, extensions for additional years of validity may be approved by the Department Administrator ifan application is proceeding in a timely manner through the permit process. ii. Outside City Limits:· The period of validity of wetland delineations for properties, which were unincorporated at the time of the delineation, will be determined by the Department Administrator. Following a review of a wetland delineation prepared for a unincorporated property, since annexed into tne city, the Department Administrator may require adjustments be made to the study or a new study prepared, per subsection M3 of this Section, Delineation of Regulatory Edge of Wetlands. 5. Determination of Wetland Classification: Wetland studies shall deteliT1ine the appropriate wetland classification according to subsection 87-M1 of this Section, Wetlands. The City may accept a dual wetland classification for a wetland exhibiting a combination of Category 1 and 2 features or a combination of Category 1 and 3 features. The City will not accept a dual rating for a Category 2 wetland, such as a combined Category 2 and 3 rating. Dual ratings for a Category 1 wetland shall be consistent with the Washington State Wetlands . Rating System: Western Washington, $econd Edition, Washington State Department of Ecology, August 1993; Publication #93-74 or as thereafter amended or updated. 6. Wetland Buffers: a. Buffers Required: Wetland buffer zones shall be required of all proposed regulated activities adjacent toabutting regulated wetlands. Any wetland created, 'restored, or enhanced in conjunction with creation or restoration as compensation for approve" wetland alterations shall include the standard buffer required for the class of the wetland being replaced. Except as otherwise specified, allrequired wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during . construction or other activities, revegetation with native vegetation may be required. b. Measurement of Buffers: All buffers shall be measured from the wetland boundary as surveyed in the field pursuant to the requirements of.subsection M4a of this Section, Methodology. , . c. Standard Buffer Zone Widths: The width of the required wetland. buffer zone shall be determined according to the wetland category; The buffer zone required for all regulated wetlands is determineq by the classification of the wetland. If standard buffer widths . cannot be met, ·and buffer reductions per subsection MSe of this Section, and buffer averaging per subsection MSf cannot be accomplished, a variance to buffer requirements .. may be requested per subs.ection N of this Section; Alternates, Modifications and Variances, and RMC 4-9-2508, Variance-Procedures .. 'IL we~land categoryllstaridard BUfferl !Icategory 1~ Very High Qualityll ... 100 feet -I ·Ilc~~~g~: .2 = High Quality JL:~~~~.t .. __ . .l.· .llca~egory 3-LowerQuality .. 11 25 feet Draft BestAvailableScience Regulation Amendments, July 13, 2004 e· e e 80 2788 • 789 790 2791 2792 2793 2794 2795 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806· 2807 2808 _809. ~810 2811 2812 2813 2814 2815 2816 . 2817 2818 . 2819 2820 2821 2822 ' 2823 2824 2825 2826 2827 2828 2829 2830 • d. Increased Wetland Buffer Zone Width: The Environmental Review CommitteeResponsible Official may require increased standard buffer zone widths in unique cases, i.e., endangered species, very fragile areas, when a larger buffer is necessary to protect wetlands functions and values. This determination shall be supported by appropriate documentation provided by the, applicant or the City showing that increased buffers are reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a condition of project approval and shall demonstrate that: < . i. A larger buffer is n;;;. existing species; or I ii. The wetland is used by species listed by the Federal or the State govemment as threatened, endangered and sensitive species and State-listed priority species, essential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees or,evidence thereof; or iii. Nearby lands which drain into the wetland are susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or iv. Nearby lands which drain into the wetland have minimal vegetative cover or slopes greater than fifteen percent (15%),;,.,Q[ v. A site specific evaluation and documentation of buffer adequacy based upon The Science of Wetland Buffers and Its Implications for the Manaaement of Wetlands. McMillan 2000, or a similar approach lias been conducted .• ~"Rr.: Based on review of State Example Code.) . vi. Notification is given consistent with F8. e. Reduction of Buffer Width: Based upon an applicant's request, the Department Administrator may approve a reduction in the standard wetland buffer zone widths on a case-by-case basis where the applicant can demonstrate compliance with subsections M6e(i) and (iii) o"r (ii) and (iii) below. Such determination and evidence shall be included in the application file arid public notification and'public notification shall be given in accordance with 'M6e(iiir shall be given by posting the subject site and City Hall, and notifying parties of record. (Amd. Ord. 4851, 8-7;..2000) . . . . . i. The adjacent buffer area land is extensively vegetated and has less than fifteen, percent (15%) slopes and no direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as determined by the City, will result from a regulated activity. The City's determination shall be based on specific site studies by recognized experts. The City may require long-term monitoring of the project and subsequent corrective actions if adverse impacts'to regulated wetlands are discovered; or ii. The project inCludes a buffer enhancement plan using native vegetation and substantiates that the enhanced buffer will be equal to or improve the functional attributes of the buffer. An enhanced buffer shall not result in greater than a twenty five percent (25%) reduction in the buffer width, and the reduced buffer shall not be less than twenty five feet (25') wide. Greater buffer width reductions require review as a variance per subsection N3 of this Section.:. Draft Best Available Science Regulation Amendments, July 13, 2004 81 2831 2832 2833 2834 2835 2836 2837 2838 2839 2840 2841 2842 2843 2844 2845 2846 ·2847 2848 2849 2850 2851 2852 2853 2854 '2855 I ·2856 2857· 2858 2859 2860 2861 2862 2863 2864 2865 2866 2867 2868 2869 ·2870 2871· Example Code.J iv. Public notification of the buffer reduction determination shall be given as follows: . . (a) For applications that are not subject to notices of application per RMC 4-8, notice of the buffer determination shall be given by posting the site and notifying parties of record, if any, in accordance with RMC +8, (b) For applications that are subject to notices of application, the buffer determination or reguest for determination shall be included with notice of application. Upon determination, notification of parties of record, if any, shall be made. f. Averaging of Buffer Width: Standard wetland buffer zones may be modified by averaging buffer widths, Upon applicant request, wetland buffer width averaging may be . allowed by the Department Administrator only where the applicant demonstrates all of the following: " . .' . i: The averaging is necessary to avoid denial of reasonabfeuse to the applicant ",caused by circumstances peculiar to the property; and Jtt"'~: Based on Parametrixreview; change in criteria also applied tostreams/lakes and s~orelines.] fi. That the wetland contains variations in ecological sensitivity or there are existing physical improvements in or near "the wetland and buffersensitivity due to existing . physical characteristics; and . iii. That only low impact land uses would be located adjacent to areas where buffer 'Nidth is reduced, and that such low impact land uses are guaranteed by covenant, deed restriction, easement or other legally binding mechanism; and m~~;E!: Definition of iow impact land use is vague. Other critieria considered sufficient.) . ivil. That width averaging will not adversely impact the wetland function and values; and . . . . '; iliv,That the total area contained within the wetland buffer after averaging is no .Iess than that contained within the required standard buffer prior to averaging; and ". ExampleCode.J "vL In no instance shall the buffer width be reduced by more than fifty percent (50%) of the standard buffer or be less than twenty five feet (25 ) wide. Greater buffer width Draft Best Available Science Regulation Amendments, July 13, 2004 82 • • • 2872 .873 2874 2875 2876 2877 2878 2879 2880 2881 2882 2883 2884 2885 2886 2887 2888 2889 2890 2891 .li.~92 .93 2894 2895 2896 2897 2898 2899 2900 2901 . 2902 2903 2904 2905 2906 2907 2908 2909 • 10 11 reductions require review as a variance per subsection N3 of this Section and RMC 4-9-250B; and vii. Buffer enhancement in the areas where the buffer is reduced may-shall be required on a case-by-case basis where appropriate to site conditions, wetland sensitivity, and proposed land development characteristics. vii. Notification may be required pursuant to F8. 7. Wetlands -Native Growth Protection Areas: a. Protection Area Required: As a condition of any approval issued pursuant to this section for any development permit, the property owner shall be required to create a separate native growth protection area containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to .subsections M4, Delineation of Regulatory Edge of Wetlands, and M5, Determination of Wetland Classification. Native growth protection areas shall be established pursuant to subsection E.4 of this Section b. Establishment: Native gro'lAh protection areas shall be established pursuant to subsection G-of this Section or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. c. Fencing May Be Required: The City shall require permanent fencing of the nativo growth protection aroa containing wetlands and associated buffers when there is a substantial likelihood of the presence of domestic grazing animals within the de'/elopment proposal. The City shall also require as a permit condition that such fencing be provided. 8. Wetland Cl1anges -,0. Alternative Methods of Development: If wetland changes are proposed for·a non-exempt activity, the applicant shall evaluatealtemative methods of developing the property using the following criteria in this order and provide reasons why a less intrusive method of development is not feasible. In determining whether to grant permit approval per subsection M2 of this Section, General Standards for Permit Approval, the Reviewing Official shall make a determination as to whether the feasibility of less intrusive methods of development have been adequately evaluated and that less intrusive methods of development are not feasible: a. Avoid any disturbances to the wetland or buffer; b. Minimize any wetland or buffer impacts; c. Restore any wetlands or buffer impacted or lost temporarily; and d. Compensate for any permanent wetland or buffer impacts by one of the following methods: i. Restoring a former wetland and provide buffers at a site once exhibiting wetland characteristics to compensate for wetlands lost; ii. Creating new wetlands and buffers for those lost; and iii. In addition to restoring or creating a wetland, enhancing an existing degraded· wetland to compensate for lost functions and values_ Draft Best Available Science Regulation Amendments, July 13, 2004 83 2912 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 I 2936 2937· 2938 2939 . . 2940 2941 2942 2943 2944 2945 2946 . 2947 2948 2949 2950· 2951. 2952 • 9. Compensating for Wetlands Impacts: a. Goal: The overall goal of any compensatory project shall be. no net loss of wetland function and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of "no net loss" means to create,. restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function. b. Plan Requirements: The applicant shall develop a plan that provides for land acquisition, construction, maintenance and monitoring of replacement wetlands that recreate as nearly as possible the wetland being replaced in terms of acreage, function, geographic location and setting, and that are equal to or larger than the original wetlands. c. Plan Performance,Standards: Compensatory mitigation shall follow an approved mitigation plan pursuant to subsections MB to M10 of this Section and shall meet the following minimum performance standards in subsection 4-3-0S0.F.B. The applicant shall: i. Demonstrate sufficient scientific expertise, the supervisory capability, ana the financial resources to carry out the prO:iect; ana . ii. Demonstrate the capability fur monitoring the site an€lto make corrections €luring the monitoring perio€l if the prO:iect fails to meet prO:iecte€l geals; and iii. Pretect and manage, or provi€le fer the protection and management, of the compensation area to avoid further developrrient or €Iegradation and to provide fer long term persistence of the compensation area; ana iv. Provide fer prO:iect monitoring and allow annual City inspections. d. Acceptable Mitigation -Permanent Wetland Impacts: Any person who alters regulated wetlands shall restore or create equivalent areas 'or greater areas of wetlands than those altered in order to compensate for wetland losses. Enhancement of wetlands may be provided as mitigation if it is conducted in conjunction with .mitigation proposed to . create or restore a wetland in order to maintain "no net loss" of wetland acreage. , Subsections M10 through tvJ12 provide furth~r detail on wetland restoration, creation, and enhancement. . . . e. Restoration, Creation, or Combined Enhancement Required -Compensation for Permanent Wetland Irnpacts.:As a' conpition of any permit.allowing alteration of . wetlands and/or wetland buffers, or as an enforcement action the City shall require that the applican.t engage .in the restoration or creation of wetlands and their buffers (or funding of these activities) in order to offset the impacts resulting from the applicant's or violator's actions. Enhancement in conjunction with restoration or creation may be allowed in order to offset the impacts resulting from an applicant's actions. Enhancement is not allowed as compensation for a violator's actions. f. Compensating for Temporary Wetland Impacts: Where wetland disturbance has occurred during construction or other activities, see subsection CSf(iii) of this Section. g. Mitigation Bank Agreement -Glacier Park Company: Pursuant to the Wetland Mitigation Bank Agreement between the City and the Glacier Park Company, King . County recording number 920624180S, wetland alteration and wetland mitigation shall be conducted in accordance with the agreement. . . Draft Best Available Science Regulation Amendmen'ts; July 13, 2004 • • • 84 • 53 54 955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 • 73 74 2975 2976 2977 2978 2979 2980 2981 2982 2983 2984 2985 2986 2987 2988 2989 2990 2991 2992 • 10. Wetland Compensation -Restoration, Creation, and Enhancement: The applicant may propose a mitigation approach that includes restoration or creation solely or combines restoration or creation with enhancement. The City may.require one mitigation approach in favor of another if it is determined that: a. There is a greater probability of success in ensuring no net loss of wetlands acreage, functions, and values; and b. The mitigation approach can be accomplished on-site rather than off-site. 11. Wetlands Creation and Restoration: a. Creation or Restoration Proposals: Any applicant. proposing to alter wetlands may propose to restore wetlands or create new wetlands, with priority first for on-site restoration or creation and then second, within the drainage basin, in order to compensate for wetland losses. Restoration activities must include restoring lost hydrologic, water quality and biologic functions. b. Compliance with Goals: Applicants proposing tor~store or create wetlands shall identify how the restoration or creation plan conforms to the purposes and requirements of this section and established regional goals of no net loss of wetlands. c. Category: Where feasible, created or restored wetlands shall be a higher category than the altered wetland. In no cases shall they be lower, except as follows: For impacts to Category 1 shrub-scrub and emergent wetlands, if it is infeasible to create or restore a site to.become a Category 1 wetland, the Administrator may allow for creationirestoration of high quality Category 2 wetlands at one hundred fifty percent (150%) of the normally required creation/replacement ratios of Category 1 shrub-scrub or emergent wetlands, . within the basin. d. Design Criteria: Requirements for wetland restoration or creation as compensation areas shall be determined according to the function, acreage, type and location of the wetland being replaced. Compensation requirements should also consider time factors, the ability of the project to be self-sustaining and the projected success based on similar projects. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple or cooperative compensation projects may be proposed for (;me project in order to best achieve the goal of no net loss. Restoration or creation must be within the same drainage basin. e. Acreage Replacement Ratio: The ratios listed in subsections M11e(i), Ratios For Wetland Creation or Restoration, apply to all Category 1,2, or 3 wetlands for restoration or creation which is in-kind, on-or off-site, timed prior to alteration, and has a high probability of success. The required ratio must be based on the wetland category and type that require replacement. Ratios are determined by the probability of recreating successfully the wetland and the inability of guarantees of functionality, longevity, and duplication of type and/or functions. Draft Best Available Science Regulation Amendments, July 13, 2004 85 2992 2993 2994· 2995 2996 2997 2998· 2999 I 3000 3001 3002 3003 3004 3005 3006 3007 3008· 3009 3010 3011. 3012 3013 3014 1[~~OS FOR WETLANDS C~EATI~N OR RESTORATION: I ! I. i i Wetland Category Vegetation Typel Creation/Restoration Ratio' I . i I i i ! I Forested 6 times the area altered. I Category 1 I ! Scrub-shrub 3 times the area altered. I I Very High Quality ! Emergent 2 times the area altered. I 1 , i , I Forested 3 times the area altered. t Category 2 I I Scrub-shrub 2 times the area altered. I High Quality 1.5 times the area altered. I I Emergent i I i _ ... I I I I Forested 1.5 times the area altered. I , Category 3 1.5 times the area altered. I i Scrub-shrub I Lower Quality I Emergent 1.5 times the area altered. I I f. Increased Creation/Restoration/Replacement Ratios: The Reviewing Official·may increase the ratios under the following circumstances: uncertainty as to the probable success of the proposed restoration or creation; Significant period of time between destruction and replication of wetland functions; prOjected losses in functional value; or off-site compensation. The requirement for an increased replacement ratio will be . . determined through SEPA review, except in the case of remedial actions resulting from ·illegal alterations where the Department Administrator or Environmental Review . Committee I)'lay require increased weiland replacement ratios. g. Decreased Creation./Restoration/Replacement Ratios: i. Category .;: The Revie~ing Official may·decrease the ratios for Category 1 forested and scrub-shrub wetlands to 2.0 times the area altered, and to 1.5 times the area altered for emergent wetlands, provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for five (5) years. .. ii. Category 2: The Reviewing Official may decrease the ratios for Category.2 . forested and scrub-shrub wetlands to 1.5 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. Ratios for-Category 2 emergent wetlands may be'reduced to 1.25 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. iii. Category 3: Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 86 3015 ~16 WJ017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 • 38 39 3040 3041 3042 3043 J044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 • 059 (1) The Reviewing Official may decrease the ratios for Category 3 emergent wetlands to 1.0 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for twelve (12) months. Ratios for CategorY 3 scrub- shrub and forested wetlands may be reduced to 1.25 times the area altered provided the applicant has successfully replaced the wetland prior to its filling and has shown that the replacement is successfully established for two (2) years. (2) If the applicant can aggregate two (2) or more Category 3 wetlands, each less than ten thousand (10,000) square feet, into one wetland, the replacement ratio shall be reduced to 1: 1. If the combined wetland would be rated as a Category 2 wetland as a result of the combination, the buffer requirement may be reduced to twenty five feet (25 ) minimum provided the buffer is enhanced. h. Category 3 Replacement Option: The applicant, at his/her expense, may select to use accepted Federal or State methods to establish the functions and values for the Category 3 wetland being replaced in lieu of repla.cement by acreage only. A third party review, funded by the applicant, and hired and mariaged by the City, shall review and verify the reports. Dependent upon the results of the functions and values evaluation, a Category 3 wetland may be replaced by assuring that all the functions and values are replaced in another location, within the same basin. i. Minimum Restoration/Creation Ratio: Unless allowed by subsection M11g of this Section, restoration or creation ratios may only be reduced by modification or variance pursuant to subsection N, Alternates, Modifications and Variances, and RMC 4-9-2508, Variance Procedures, and RMC 4-9-2500, Modification Procedures. In order to maintain no net loss of wetland acreage, in no case shall the restoration or creation ratio be less than 1:1. This minimum ratio may not be modified through the modification or variance process. 12. Wetland Enhancement: a. Enhancement Proposals -Combined with Restoration and Creation: Any applicant proposing to alter wetlands may propose to enhance an existing degraded wetland, in conjun<;;tion with restoration or creation of a wetland in order to compensate for wetland losses. Wetland enhancement shall not be allowed as compensation if it is not accomplished in conjunction with a proposal to restore or create a wetland. . b. Evaluation Criteria: A wetland enhancement compensation project may be approved . by the Reviewing Official provided that enhancement for one function will.not degrade another function unless the enhancement would provide a higher functioning wetland with greater or multiple environmental benefits. For example. an enhancement may degrade habitat for one wildlife species but overall it may result in a wetland that provides higher. function to a wider variety of wildlife species. Wetland function assessment shall be conducted in conformance with accepted Federal or State methodologies. c. Wetlands Chosen for Enhancement: An applicant proposing to alter wetlands may propose to enhance an existing Category 2 or 3 wetland. Existing Category 1 wetlands shall not be enhanced to compensate for wetland alteration unless the wetland selected for enhancement is a Category 1 wetland only by virtue of its acreage and three (3) vegetation classes, where the existing vegetation is characterized partly or wholly by invasive wetland species . Draft Best Available Science Regulation Amendments, July 13, 2004 87 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 d. Mitigation Ratios: Wetland alterations shall be created, restored and enhanced using the formulas in sUbsection M12d(i), Ratios for Wetland Restoration or Creation plus Enhancement., The following is an example of use of the formulas below: If one acre of Category 2, forested wetland, were proposed to be removed, the creation/replacement ratio (subsection M11e(i» requires that three (3) acres of forested Category 2 wetland be restored or created; if wetland enhancement were proposed (subsection M12d(i» for the Category 2, forested wetland, 1.5 acres of forested Category 2 wetland would have to be createdlrestored and tWo (2) acres of forested Category 2 wetland enhanced, possibly in a different part of the same wetland. (Amd. Ord. 4851, 8-7- 2000) , i. RATIOS FOR WETLAND RESTORATION ORCREATION PLUS ENHANCEMENT I I Wetla~d categoryllvegetation Type!lRestoration or Creation Ratio!l, I Enhancement Ratio I ! ! • 1 3.5 ti~es the area altered! Forested 3 times the area altered plusl Category 1 Plusl i i Scrub-shrub 1.5 times the area altered 2 times the area altered ! Very High Quality : Emergent 1 times the area altered Plusl 1.5 times the area alteredi ! 1 ! j i Forested 1.5 times the area altered' plus! 2 times the area altered I Category 2 ~ i , Scrub-shrub ,1 times the area' altered plusJ 1.5 tim~s the area alteredl High Quality ! ' ! Emergent " 1 times the area altered plus! 1 times the 'area altered ! ! I ! i I , , ! Forested 1 times the area altered plusl 1 times the area altered 1 Category 3 plus! 1 times the area altered I Scrub-shrub 1 times the area altered Lower Quality , Emergent ' 1 times the area altered plusl 1 times the area altered i I e. Ratio Modification and Minimum Restoration/Creation Ratio: An applicant may propose an increased creation or restoration ratio and-a decreased enhancement 'ratio if, • the total combined ratio is maintained overall. Restoration/creation or enhancement ratios shown in subsection M12d of this Section may only be reduced by modification or variance pursuant to subsection N3, Alternatives, Modifications and Variances, and RMC ' 4-9-250B, Variance Procedures, ,and RMC 4-9-2500, Modification Procedures. In order to maintain no net loss of wetland acreage,in no case shall the restoration pr creation ratio be less than 1 :1. This minimum ratio may not be modified throu,gh the variance process. 13. Out-of-Kind Replacement: Out-of-kind replacement may be used in place of in-kind compensation only where the applicant can demonstrateio the satisfaction of the Reviewing Official that: a. Thewetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; or Draft Best Available Science Regulatio"n Amendments,July 13, 2004 • '.' • 88 3084 .085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 .103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113' 3114 3115 3116 3117 3118 3119 3120 3121 3122 .123 b. Scientific ,problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible or unacceptable; or c. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). 14. Off-Site Compensation: a. When Permitted: Off-site compensation may be provided in lieu of on-site compensation only where the applicant can demonstrate to the satisfaction of the Respo~sible Official that: i. The hydrology and e~system of the original wetland and those abutting or adjacent land and/or wetlands which benefit from the hydrology and ecosystem will not be substantially damaged by the on-site loss; and ii. On-site compensation is not feasible due to problems with hydrology, soils, or other factors; or iii. Compensation is not practical due to potentially adverse impact from surrounding land uses; or iv. The proposed wetland functions at the mitigation site are Significantly greater than the wetland functions that could be reasonably achieved with on-site mitigation, and there is:no significant loss of function on-site, i.e. at the development project site E)(isting functional 'Ialues at the site of the proposed restoration are signifisantly greater than lost ' .... etland funstional'/alues; or v, Established regional goals for flood storage, flood conveyance, habitafor other wetland functions have been addressed and strongly justify location of compensatory measures at another site. ' b. Locations: Any off-site compensation approved by the City shall occur within the same drainage basin as the wetland loss occurred. In the City, the drainage basins are the Black River (includes the Green River Valley), Lower Cedar River, East Lake Washington, West Lake Washington, Duwamish, and May Creek. , c. Siting Recommendations: In selecting compensation sites, the City encourages applicants to pursue siting compensation projects in disturbed sites which were formerly wetlands, and especially those areas which would result in a series of interconnected wetlands. d. Timing: Compensatory projects shall be substantially completed and approved by the City prior to the issuance of an occupancy permit. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. The Reviewing Official may elect to require a surety device for completion of construction. 15. Cooperative Wetland Compensation: Mitigation Banks or Special Area Management Programs (SAMP): a. Applicability: The City encourages, and will facilitate and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project under the following circumstances: Draft Best Available Science Regulation Amendments, July 13, 2004 89 3124 3125 i. Restoration or creation on-site may not be feasible due to problems with hydrology, soils, or other factors; or ' 3126 ii. Where the cooperative plan is shown to better meet established regional goals for 3127 flood storage, flood conveyance, habitat or other wetland functions. 3128 b. Process: Applicants proposing a cooperative compensation project shall: 3129 i. Submit a permit application; , 3130 ii. Demonstrate compliance with all standards; 3131 , iii. Demonstrate that long-term management will be provided; and 3132 iv. Demonstrate agreement for the project from all affected property owners of record. 3133 c. Mitigation Banks: Mitigation banks are defined as sites which may be used for 3134 .restoration, creation and/or mitigation of wetland alternatives from a different piece of 3135 ' property than the property to be altered within the same drainage basin. The City of 3136 Renton maintains a mitigation bank. A list of City mitigation bank sites is maintained by 3137 the Planning/Building/Public Works Department. With the approval of the , 3138 ' Planning/Building/Public Works Department, non-City-controlled mitigation banks may be 3139 established and utilized. 3140 3141 3142 3143, 3144 3145 3146 3147 3148 3149 3150 3151 3152 ' 3153 3154 3155 3156 3157 , 3158 3159 3160 3161 3162, ' 3163 d. Special Area Management Programs: Special area management programs are those wetland programs agreed upon through an interjurisdictional planning process involving the U.S. Army Corps of Engineers, the Washington State Department of Ecology, any affected counties and/or cities, private property owners and other parties of interest. The outcome of the process ,is a regional wetlands permit representing a plan of action for all wetlands within the special area. e. Compensation Payments to Mitigation Bank: Compensation payments, amount to be determined by the: Reviewing Official, received as part of a mitigation or creation bank mustbe received prior to the issuance of an occupancy permit ' , 16. MitigationPlans: a.Required for Restoration, Creation and Enhancement Projects: All wetland restoration, creation, and' enhancement in conjunction with restoration and creation projects required pursuant to this seCtion eittier_ as a permit condition or as the result of an enforcement action shal,l follow a mitigation plan prepared by qualified wetland , specialists approv~d by the City. , b. Timhlg for Mitigation Plan Submittal an'd Commencemen't ~,fany Work: See subsection F.B. The proponent shall submit a final'Netland mitigation plan for the approval of the Development Services Division prior to the issuance of building or construction permits for development. The proponent shall receive written approval of the mitigation plan prior to commenc~ment of any 'Netlandrestoration or creation activity. c. Content of Mitigation Plan: Unless the City, in consultation with qualified wetland specialists, determines, based on the size and scope ofthe development proposal, the nature of the impacted wetland and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 90 3164 .165 3166 3167 3168 3169 3170 3171 3172 3173 . 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 • 185 . 3186. 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 • mitigation plan may be reduced, the mitigation plan shall address all requirements in RMC 4-8-120023, Wetland Mitigation Plan and RMC 4-3-050FB. d. Performance Surety: As a condition of approval of any mitigation plan, the Reviewing Official shall require a performance surety per RMC 4-1-215 and RMC 4-3- 050.G. 17. Surety De¥ices: rB13itB.s1mm: Surety devices language consolidated in RMC4-1j11 (under preparation) and RMC 4-3-050.G for general applicability.] a. Performance Surety De\dce Required: The City shall require the applicant of..a wetlands permit proposal to post a performance surety d&lice acceptable to the City such as a letter of credit, irrevocable set aside letter or cash. i. Amount.of Performance Surety De¥ice: The device shall be in an amount oquivalent to one and one half (1 1/2) times the estimated. cost of the performance· and with surety and conditions sufficient to fulfill the requirements of subsection MQ of this Section, Compensating for Wetlands Impacts, and, in addition, to secure com'pliance with other conditions and limitations set forth in the permit. The amount and the conditions of the surety device shall be consistent with the purposes of this section. The amount of the security can be modified to reflect more current.data, particularly a signed contract. ii. Breach of Conditions: In the event of a breach of any condition of any permit protected by a surety device, the City may institute.an action in a court of competent jurisdiction UpC)A such surety device and prosecute the same to judgment and 9)(tecution. . .. . . iii. ·Release of Performance Security De¥ice: Until such written release of the· surety device, the principal or surety cannot be rel~ased. The.City shall release the . surety device upon determining that: . . (1) ,1\11 activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the 'requirements of this section; and (2) Upon the posting by the applicant of a maintenance surety device. b.Maintenarice Surety Device Required: The City shall require thoholder ,of a development peniiitissued pursuant to this section to post cash .or other security acceptable to the City such as letter of credit or irrevocable set aside letter in an amount and with surety and conditionssufficientio guarantee that structures, improve,ments, and mitigation required by the permit or by this section perform satisfactorily for a minimum of five (5) years after they have been completed. The City shall release the maintenance surety device upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements,andlor compensatory mitigation have been satisfactorily met for the required period. For mitigation projects, the performance standards shall be those contained in the mitigation plan developed pursuant to subsection M16 of this Section and approved during the permit review process. The maintenance surety device applicable to a compensation project shall not be released until the Department Administrator determines that performance standards established for evaluating the effect and success of the project ~ave been met. Draft Best Available Science Regulation Amendments, July 13, 2004 91 3207 3208 3209 3210 , 3211 3212 3213 3214 ' 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 3225 3226' 3227 3228 I 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239, 3240 3241 ' 3242 3243 3244 3245 N. ALTERNATES, MODIFICATIONS AND VARIANCES: , 1. Alternates: a. Applicability: See RMC 4-9-250E. 2. Modifications: a. ApplicabilitY: The Department Administrator may grant modifications. per RMC 4-9- 25001. Application Time and Decision Authority. in the following circumstances: i. Aquifer Protection ~ Modifications: The Department will consider modification 'applications in the following cases: , (1) The request is to find that a standard is inapplicable to that activity. facility. or development permit due to ~he applicant's proposed methods or location; or (2) The request is to modify a specific standard or regulation due to' practical difficulties; and (3) The request meets the intent and purpose of the aquifer protection . regulations. ' Based upon'application of the abo'le tests (1). (2), and (3), applications which are considered appropriate for review as modifications are subject to the procedures and criteria in RMC 4-9-2500. Modification Procedures. Requests to modify regulations or standards which do not meet the above tests shall be processed as variances. (Arnd. Ord. 4851, 8-7-2000) it Geologic Hazards -Modifications: An applicant may request that the Department Administrator grant a modification to aUow: ' (1) Regrading of an'y slope which was created through previous mineral and natural resource recovery activities or was created prior to adoption of applicable mineral and natural resource recovery regulations or through public or private road installation or widening and related transportation improvements. railroad" track installation or improvement. or public or private utility installation activities; , (2) Filling against the toe of a natural rockwall or rock wall created through' mineral and natural resource recovery activities or through public or private road" installation or widening and related transportation improvements. railroad track iristallation or improvement or public'or private utility installation activities; , and/or ' (3) Grading to the extent that it eliminates all or portions of a mound or to allow reconfiguration of protected slopes created through mineral and natural resource , recovery activities or public or private road installation or widening and related, Draft Best Available Science Regulation Amendments, July 13, 2004 • •• • 92 3246 .247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257. 3258 3259 3260 3261 3262 3263 3264 ';'265 ~266 3267 3268 3269 3270 3271 ·3272 . 3273 3274' 3275 3276 3277 3278 3279 3280 3281 3282 3283 • transportation improvements, railroad track installation or improvement,or public or private utility installation activities. , The following procedures shall apply to .~ny of the above activities: (1) The applicant shall submit a geotechnical report describing any potential impacts of the proposed regrading and ,any necessary mitigation measures; (2) All submitted reports shall be independently reviewed by qualified specialists selected by the City at the applicant's expense; (3) The Department Administrator may grant, condition, or deny the request based upon the proposal's compliance with the applicable modification criteria. of RMC 4-9-250D; and ,. (4) Any slope which remains forty percent (40%) or steeper following site development shall be subject to all applicable geologic hazard regLilations for steep slopes and landslide hazards, in this section. iii. Wetlands -' Modifications: An applicant may request that the D~partrnent Administrator grant a modification as follows: (1) Modifications may be requested for a reduction in.creatiori/restoration or enhancement ratios for a Category 3 wetland; however, the creation/restoration ratio shall not be reduced below 1':1. (2) In addition to the criteria of RMC 4-9-250D, Modification Procedures, the following criteria shall apply: 3. Variances: ,_e _The proposal will result in no-net loss of wetland or buffer area and functions. e .. The proposed modification is based on consideration of the best' available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are . followed. ~;;a;.Wt~: Based on review of State Example Code.) a. Aquifer Protection -Variance: i..Applicability: If an applicant feels that the strict application of this Section would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. Draft Best Available Science Regulation Amendments, July 13, 2004 93 3284 3285 3286 3287 3288 3289 3290 3291 3292 3293 3294 3295' 3296 3297 3298 3299 3300 3301 ·3302 3303 3304 3305 I 3306 3307 3308.· .3309 3310 . 3311 3312 3313 3314 3315 331,6 3317 3318 3319 ii. Application Submittal: An application for a variance shall be filed with the Development Services Division. iii. Review Authority: A variance shall be decided by the Hearing Examiner based on the standards set forth RMC 4-9-2508, Variance Procedures. (Amd. Ord. 4851, 8- 7-2000) b. Flood Hazards -Variances: i. Applicability: Refer to RMC 4-9-2508. c.Geologic Hazards, Habitat Conservation,' Streams and Lakes -Classes 2 to 4. and Wetlands -Variance: i. Applicability: If an applicant feels that the strict application of this section would deny all reasonable use of the property containing a critical area or associated buffer, or would deny installation of public transportation or utility facilities' determined by the agency proposing these facilities to be in the best interest of the public health, safety and welfare, the public agency, the applicant of a development proposal may apply . for a .critiCal area variance. ' ii. Application Submittal: An application for a critical areas variance shall be filed with the Development Services Division. iii. Review Authority: Varianc,es shall be determined administratively by the Department Administrator, or by the Hearing Examiner, as indicated in RMC 4-9-, ' 2508. d. Shorelines, Streams and bakes Varianses: (Reserved). O.APPEALS: 1. General: See RMC 4-8-070, Authority and Responsibilities, and RMC 4-8-110. (Amd. Ord. 4851.8-7-2000; Ord.4963, 5-13-2002). 2. Record Required -Flood·Hazards: The Department Administr!3tor or his/her designee, the Building Official, shall maintain the records of all appeal actions and report any variances ' to the Federal Insurance Administration upon request. P. ASSESSMENT RELlEF-WETLANDS: 1. City Assessments: Such landowner should also be exempted from all special City assessments on the controlled wetland to defray the cost of Municipal improvements such as sanitary sewers. storm sewers, water mains and streets. Q. MAPS: 1. Aquifer Protection: See Figure 4-3:-050Q1 for reference map. 2. Flood Hazards: see Figure 4-3-050Q2 for reference map. 3. Geologic Hazards: a. Coal Mine Hazards: , . Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 94 • 3320 321 3322 3323 3324 3325 3326 3327 3328 3329 3330 3331 3332 3333 3334 3335 3336 3337 • 338 3339 3340 3341 3342 3343 3344 3345 3346 3347 3348 3349 3350 3351 3352 3353 3354 '.55 i. Map: See Figure 4-3-050Q3a(i) for reference map . ii. Mapping Criteria: (1) low Coal Mine Hazards (Cl): Areas not identified as high or medium hazards. While no mines are known,in these areas, undocumented mining is known to have occurred. (2) Medium Coal Mine Hazards (CM): (A) Lands overlying coal mines, but not included in the high hazard category; and (8) Surrounding lands overlying a wedge between a plane rising vertically from the mine and a plane rising from the mine at a break angle of between twenty five (25) and forty (40) degrees. The break angle is measured from the vertical. The break angle appropriate for the given seam is determined by the slope of the seam and the workings. Approximate mine depths and seam dip and break angles are provided in Appendices C and D of the Summary Report, Critical and Resource Areas Evaluation, GeoEngineers, 1991. ' ' (3) High Coal Mine Hazard (CH): All lands where underlying coal mines are within two hundred feet (200 ) below the ground surface, or fifteen (15) times the height of the mine workings below the surface, whichever is less. b. Erosion Hazards: " ' . i. Map: See Figure 4-3-050Q3b(i) for reference map . ii. Mapping Criteria: (1) 'low Erosion Hazard (El): All surface soils on slopes less than fifteen percent (15%). Mapped areas include all Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) soils designated A, B, or C. (2) High Erosion Hazard (EH): All surface soils on slopes steeper than fifteen percent (15%). Mapped areas include all Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) soils deSignated as D, E, or F. c. Landslide Hazards: i. Map:' See Figure 4-3-050Q3c(i) for reference map. ii. Mapping Criteria: (1) low landslide Hazard (ll): Areas with slopes less than fifteen percent (15%). (2) Medium landslide Hazard (lM): areas with slopes between fifteen percent (15%) and forty percent (40%) where the surface soils are underlain by permeable geologic units. The permeable units include: (A) Fill: af, afm, and m; (B) Alluvium: Qac, Qaw, Qas, and Qa; Draft Best Available Science Regulation Amendments, July 13, 2004 95 3356 (C) Vashon recessional and advance glacial deposits: Qik, Qit, Qiv, Qpa, Qis, • 3357 Qys, Qyg, Qvr, Qsr, and Qos; 3358 (D) Vashon glacial deposits: .Qg, Qgt, Qt, and Qvt. 3359 (3) High Landslide Hazards (LH): Areas with slopes greater than forty percent 3360 (40%) and areas with slopes between fifteen percent (15%) and forty percent 3361 (40%) where the surface soils are underlain by low permeability geologic units. 3362 The low permeability units include: 3363 (A) Post-glaciallake and peat silts: Qlp, Qp, Qlm, and Qvl; 3364 (8) Pre-Vashon Pleistocene deposits: Qss, Qu, Qc, Qcg, and Qog; 3365 (C) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu, Tta, Teta, ar:td Ttl. 3366 . (4) Very High Landslide Hazards (LV): All mapped landslide deposits: Qmc, 3367 Qm, QI, and landslides known from public records. 3368 d. Seismic: 3369 i. Map: See Figure 4-3-050Q3d(i) for reference map. 3370 ii. Mapping Criteria: 3371 (1) Low Seismic Hazard (SL): All Vashon age glacial and older sediments. The • 3372 mapped areas include: 3373 (A) All deposits of recessional and advance glacial deposits: Qik, Qit, Qiv, Qpa, 3374 Qis, Qys, Qyg, Qur, Qsr, Qos, Qog. 3375 . (8) Vashon glacial deposfts: Qg, .ogt, Qt, and avt; I 3376 (C) Pre-Vashon Pleistocene deposits: Qss,Qu, Qc, and Qcg; . '. . . . 3377 (D) Tertiary rock formations: Ts, Ti, Tr, Tt, Tet, Ttu,Tta, teta, and Ttl; 3378 (E) Areas of roadway fill, af and atm, which overly the above units~ . 3379 (2) High Seismic. Hazard (SH): Post-glacial deposits which are likely to be 3380 saturated as they occupy low areas and frequently overlay low permeability 3381 deposits. They include: 3382 (A) Depositsl;>f fill: af, afm, and.m; 3383 (B) Alluvium: Qaw, Qac, Qas, and Qa; 3384 (C) Mass wasting deposits: Qmc, Qm, and QI; 3385 (D) Post-glacial lake silts and peats: Qlp, Qp,Qlm, and Qvl. 3386 e. Steep Slopes: • Draft Best Available Science Regulation Amendments, July 13, 2004 96 • 3387 88 3389 3390 3391 3392 3393 3394 3395 3396 3397 3398 3399 3400 3401 • • i. Map: Refer to the City of Renton Steep Slope Atlas and Figure 4-3-05003e(i) for reference map. . . f. Volcanic Hazards: Volcanic hazard areas are those areas subject to a potential for inundation from post lahar sedimentation along the lower. Green River as identified in Plate II, Map D, in the report U.S. Department of the Interior, U.S. Geological Survey (Revised 1998). Volcano Hazards from Mount Rainier, Washington. Open-File Report 98- 428. m_: Based on review of State Example COde.) 4. Shorelines, Streams and Lakes: fReserved)See Figure 4-3-050.0.1 for reference map identifying Class 2 to 4 water bodies. Water class shall be determined in accordance with RMC 4-3-050.L.1. For Class 1 waters, refer to RMC 4-3-090, Shoreline Master Program Regulations. 5. Wetlands: Refer to the City of Renton Wetland and Stream Corridors Critical Areas Inventory and see Figure 4-3-05005 for reference map. (Amd. Ord. 4851, 8-7-2000) Eitb •• 1; Refer to maps in Renton Municipal Code.l Draft Best Available Science Regulation Amendments, July 13, 2004 97 3401 3402 3403 3404 3405 3406 3407 3408 3409 3410 3411 3412 3413 3414 3415 3416 . 3417 3418. 3419 3420 3421 3422 3423 3424 3425 3426 3427 .3428 3429 . 3430 • 3431 3432 3433 3434 3435·· ·3436 3437 3438 3439. 3440 3441 3442 3443 3444 3445 3446 3447 3448 3449 3450 3451 3452 3453 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: A. PROGRAM ADOPTED: . The Shoreline Master Program,· as issued and prepared by. City of Renton includes policies and regulations pursuant to the Washington State Shoreline Management Act. RCW 90.58. Planning Commission, of '""hich one printed copy in book form has heretofore been filed and is now on file in the office of the City Clerk and made available for examination by the general public, is hereby adopted as the Shoreline Master Program by the City of Ronton. (Ord. 3758, 125 1983, Rev. 7 22 1985 (Min.), 3 12 1990 (Res. 2787), 7 16 1990 (Res. 2805), Rev. 9 12 1993 (Min.), Ord. 4716, 4 13 1998) The following· is an ml:GerptThis section RMC 4~3-090 provides shoreline regulations from the officially adopted Shoreline Master Program. The complete Shoreline Master Program, including policies, should also be conSUlted. (Ord. 4722,5-11-1998) B •. AUTHENTICATION, RECORDCOMPONENTS OF PROGRAM: The· City Clerk is hereby authorized and directed to duly authenticate and record a copy of the above mentioned Shoreline Master Program together with any amendments or additions thereto, togother with an authenticated copy of this Section. The components of the Renton Shoreline Master Program. and their location in the City's plans and regulations, are as follows: 1. Goals, Objectives, Policies: a. Comprehensive Plan Land Use Element Subsection -Shorelines of the State: Land Use, Recreation, and Circulation Management . b. Comprehensive Plan Environment Element Subsection -Shorelines of the State: Natural Resources and Hazard Management c.RMC 4-3-090.0: Purposes and Priorities. 2. Use Environments: a. General Boundaries: Comprehensive Plan Land Use Element Subsection -Shorelines of the· State: Land Use, Recreation, and Circulation Management . ..' .. , b. General and Specific Boundaries: RMC 4-3-090 F, G, H, arid I. 3. Use Regulations. and Provisions for Variances and Conditional Uses. a. Shoreline Use Regulations: RMC 4-3-090. .. b. Shoreline Permit Procedures, including Exemptions, Substantial Development Permit,· Variances, and Conditional Uses: RMC 4-9-190. .c. Non-conforming Uses in Shoreline Jurisdiction in RMC 4-10-100 .. 4. Definitions: RMC 4-11. (Ord. 3094, 1-10-1977, eff. 1-19-1977) rJ$f;!U0.r?s1ttlMei GMA indicates SMP goals and· policies are part of the Comprehensive Plan and . developmentregulatioris are part of the GMA implementing development regulations. 1 . Draft Best Available Science Regulation Amendments, July 13, 2004 98 • • • 3454 • 55 ~56 3457 3458 3459 3460 3461 3462 3463 3464 3465 3466 3467 3468 3469 3470 3471 3472 3473 3474 3475 3476 3477 3478 3479 3480 ~81 82 483 3484 3485 3486 3487 3488 3489 3490 3491 3492 3493 . ·3494 3495 3496 3497 3498 3499 3500 3501 3502 3503 3504 3505 3506 ' 3507 • C. AMENDMENTS: Any and all amendments, additions or modifffiaOORs to said-Master Program, shall be by ordinance, (Ord . 3758,125 1983, Rev. 722 1985 (Min.), 3 12 1990 (Res. 2787), 7 16 1990 (Res. 2805), Rev. 9 12 1993 (Min.), Ord. 4716, 4 13 1998; Amd. Ord. 4633, 9 16 1996) C. AMENDMENTS TO SHORELINE MASTER PROGRAM: 090.N.l 3. Adoption by Ordinance: Anv and all amendments, additions or modifications to said Master Program, shall be by ordinance .•• 1 •• 113: Part of original 4-3-090.C.l D. PURPOSES AND PRIORITIES: . The purpose of these regulations is to manage the Shorelines of the State within the City of Renton in accordance with the Washington State Shoreline Management Act, RCW 90.58, Planning appropriate uses in recognition of the following use priorities: 1 ~ Shoreline use priorities shall be consistent with RCW 90.58.020 for all Shorelines of the State. LEach shoreline has its own unique qualities which makes it valuable, particularly Shorelines of Statewide Significance, which in Renton include Lake Washington and the Green River. Preference is, therefore, given to the following uses in descending order of priority for ~horelines of ~tatewide .§significance (as established by RCW 90.58.020): .tE. Recognize and protect the statewide interest over local interest for shorelines of statewide Significance. 2Q. Preserve the natural character of the shorelines . 3£. Result in long-term over short-term benefits. 49.. Protect the resources and ecology of the shorelines. ae. Increase public access to publicly owned areas of the shorelines. {Ord. 3758, 12-5-1983, Rev. 7=-22-1985 (Min.), 3-12-1990 (Res. 2787), 7-16-1990 (Res. 2805), Rev. 9-12-1993 (Min.), Ord. 4716,4-13-1998) 6f. Increase recreational opportunities for the public in the shoreline. g. Provide for any other use or activity deemed appropriate or necessary. Draft Best Available Science Regulation Amendments, July 13, 2004 99 I • 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 3523 3524. 3525· 3526 3527 3528 3529 3530 3531 3532 3533 3534 3535 3536 ·3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 ·3548 3549 3550 3551 3552. 3553 3554 3555 3556 3557 3558 3559 3560 3561 3562 E. REGULATED WATER BODIES:· 1. Applicability: The Renton Shoreline Master Program applies to Shorelines of the State. which includes Shorelines and Shorelines of Statewide Significance as defined in RMC 4-11 and as listed below. a. Shorelines: The Cedar River. Black River, Springbrook Creek, and May Creek are classified as Shorelines. b. Shorelines of Statewide Significance: The Green River and Lake Washington are classified as Shorelines of Statewide Significance. 2. Extent of Shoreline Jurisdiction: The jurisdictional area includes: a. Lands within 200 feet, as measured on a horizontal plane, from the ordinary high water mark, or lands within 200 feet from f1oodways, whichever is greater; and b. Contiguous floodplain areas; and c. All marshes, bogs, swamps, and river deltas, associated with streams, lakes and tidal waters that are subject to the provisions of the State Shoreline Management Act: 3. Regulated Shoreline Segments: Approximately eighteen (18) miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act of 1971. These eighteen (18) miles of shoreline in the City of Renton are considered an extremely valuable resource not only to the City of Renton, but also to the State Metropolitan Area of which Renton is an integral part: In the City of Renton, the following bodies of water are regulated by the Act: .9.:... ~edar River. !L~Green River. The Green River itself is outside the City limits, but a portion of the 200 foot jurisdictional area lies within Renton City limits. The City is required as the permitting agency to apply the master program applicable to the Green River (Tukwila) if the water body is outside the City of Renton, but the 200-foot jurisdictional area falls within Renton City limits. ~3,-Lake Washington. ~ 4.--May Creek from the intersection of May Creek and N.E. 31st Street in the southeast quarter. of the southeast quarter of Section 32-24-5E WM downstream in a northeasterly direction to its mouth at Lake Washington. ~&.-Springbrook Creek from the Black River on the north b SW 43rd Street on the south~ Le.,..Black River~ 7. The jurisdiction of this Master Program' includes shorelines of the State as defined in· subsection F of this Section. (Ord. 3758, 125 1983, Rev. 722 1985 (Min.), 3 12 1990 (Res. 2787),716 1990 (Res. 2805), Rev. 9121993 (Min.), Ord .. 4716,4 13 1998) F. STATE OF WASHINGTON CLASSIFICATION OF WATER BODIES: (EiJitO?1$'l1lSI~: Moved above.] 1. Shorelines of Statewide Significance: By State standards, the Green River and Lake-Wa~fe classified as Shorelines. of StatewfGe Significance, and comprise approximate~les--:.of-tRe sOOFelines of the State regulatetl-Gy-ihe City of Renton. Draft Best Available Science Regulation Amendments, July 13, 2004 100 .'. • • 3563 .~ 3566 3567 3568 3569 3570 3571 3572 3573 3574 3575 3576 3577 3578 3579 3580 3581 3582 • • 2. Shorelines of the-State7-ffi-addition, the shorelines of the Cedar River, Black River, SpriA-gbFook Creek, and May Creek are shorelines within the City. Gf. THREE (3) ENVIRONMENTS DESIGNATED BY CITY: 1. Names of Environments: Three (3) environments, Natural, Conservancy, and Urban, shall beare designated to provide a uniform basis to apply. policies and use regulations within distinctively different shoreline areas. 2. Basis for Designation: The environmental designation to be given any specificto an area shall be based on the existing development pattern, the biophysical capabilities and limitations of the area being considered for development and the goals and aspirations of local citizenry. Shorelines have been categorized according to the natura!" characteristics. and use regulations have been designated herein. . 3. Map of Environments: The above information is illustrated in the following map. (Ord. 3758,12-5- 1983, Rev. 7-22~1985 (Min.), 3-12-1990 (Res. 2787), 7-16-1990 (Res. 2805), Rev. 9-12-1993 (Min.), . Ord.4716,4-13-1998) Draft Best Available Science Regulation Amendments, July 13, 2004 101 I 3582 3583 3584 3585 SHORELINE ENVIRONMENTS I ENVIRONMENTS Urban ...... Conservancy . __ ., Natural •••• .. ~ .. 1\0 "tt.me: To Be Amended Per SMP Map Amendment Recommendations. See 'separate memo dated March 8, 2004 and associated revised map.] Draft BestAvaiiable Science Regulation Amendments, juiy 13, 2004 102 • • • • 3586 3587 .588 CITY OF RENTON SHOREUNE MASTER PROGRAM " SPRINGBROOK CREEK SHORELINE BOUNDARY MAP UUrbu Envl!'OIiment o ,. 1000 2000 C ConaervaricJ EnvIrOnment ~I~§;, ~~~~~I" ~ WetleDda 1:12000 --' .... -Shoreline BouridaiJ - -Cit, Umlta· . Note: "1hismap~pii:ts"lIie approximate location .ofllie SpringbrookCreekshaeiineboundil!y and associated wetliliidsgOveir1e~ I1YtheRemoo Shoreline Moister Program..Application of the Renton Shaeline ~sterPtogram 10 a prOperty is determined 00'0 sile-specific basis"bythe'r>evetoPmenl SeMces DivisiofiUiilizirig ttie regulalioosaiiddefiniliOns In the Prograin:andany.si!e speCific environinental analysis, . '. . . . . '. . . [g'i!ilt(5f!!sll~ffl Text amended in F4 to strengthen idea of field review and report controlling regarding wetland location.1 " Draft Best Available Science Regulation Amendments, July 13, 2004 103 3589 3590 3591 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 3604 3605 3606 3607 3608 3609 3610 3611 3612 3613 3614 3615 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627 3628 3629 3630 3631 3632 3633 3634 3635 3636 3637 3638 3639 3640 3641 3642 4. Extent of Classifications a. Aquatic Area: Shoreline Environment classifications extend from the centerline of the water body to the shorelands, or City limits as appropriate, if the opposite shoreland is not within the City limits. ~~~: Follows from SMP Map amendment recommendations described under separate cover.] b. Associated Wetlands"'; Springbrook Creek: The Springbrook Creek Shoreline Boundary Map in Section 3 above identifies Use Environments for the Creek and associated wetlands as determined at the time of the map wetland inventory. The application of the Renton Shoreline Master Program to associated wetlands shall be based on the site-specific presence and extent of associated wetlands at the time of application as determined by the Development Services Division. MG. NATURAL ENVIRONMENT: 1. Objective: The objective in designating a Natural environment is to protect and preserve unique and fragile shoreline or wetland environments in their natural state. The Natural environment is intended to provide areas of wildlife sanctuary and habitat preservation. (Ord. 3758, 12-5-1983, Rev. 7-22-1985 (Min.) 3-12-1990 (Res. 2787),7-16-1990 (Res. 2805) Rev. 9-12-1993 (Min.), Ord. 4716, 4- ·13-1998) . 2. Areas to Be Designated as a Natural Environment: a. Areas that are unique or fragile. . b. Floodway areas. 3. Extent of the 'Natural Environment: That portion of the north bank of the Black River lying east of Monster Road/68th Avenue S. and west of its confluence with Springbrook Creek shall be!§. designated Natural (see the Shoreline Environment Map in subsection G-Eof this Section) .. 4. Acceptable Activities and Uses: Acceptable activities and uses in the Natural Environment are limited to the following:The only human activity that is acceptable is for floodv .. ay drainage or storage. All other human activities including recreation are considered in~ppropriate. a. Fiood control: Public flood controlstructures arid operations: floodway drainage and storage activities. . .. . . b.Dredging: Dredging necessary for public flood control activities. c. Public Access: Installation of public trails .. i. Hard surface trails when located on existing rights of way: ii.Softsurface trails; iii. Public viewing platforms or areas. d.Local Service utilities: Installation of necessary local service utilities subject to the standards of Subsection K.18, Utilities. e. Roads and Railroads: Necessary expansions or modifications of existing roads, railroads, and bridges subject to the standards of Subsection K.15, Roads and Railroads, of this Section. Draft Best Available Science Regulation Amendments, July 13, 2004 104 • • • •3~ 645 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 3657 3658 3659 3660 . 3661 3662 3663 3664 3665 3666 3667 3668 3669 "~70 ~71 3672 3673 . 3674 3675 3676 3677 3678 3679 3680 3681 3682 ·3683 3684· 3685 3686 3687 3688 3689 3690 3691 3692 3693 3694 3695 ~96 97 . 698 f. Other Activities: The following activities that are exempt from the permit system are allowed uses in the Natural Environment: RMC 4-9-190 i. C.3, Normal maintenance or repair; ii. C.5, Emergency construction; iii. C.11, Marking of property lines; iv. C.13, Site exploration and investigation activities towards preparation of an application; v. C.14, ~emoving or controlling an aquatic noxious weed; vi. C.15, Watershed restoration projects; vii. C.16, Improve fish or wildlife habitat or fish passage; and . viii. C.17, Hazardous substance remedial actions. fll!~_-Follows from current Natural Environment language regarding allowances for f100dway drainage and storage and is more specific to accommodate the existing utility/flood operations (including pump station) along the Black River, and the Parks Division plans for public access.] 5. Dedication for Flood Storage: The City of Renton recognizes that preservation of Natural Environment shoreline areas can only be 'assured through public acquisition. Therefore, vlWhere private development is proposed in these areas so designated, the City shall allow reasonable use of property. but shall require adequate long-term on-site require dedication as' necessary for flood storage. ~i~ Language added to address that the City must provide for reasonable use of property and the :primarv concern is to assure flood storage whether that occurs through easement. dedication of facilities, etc .. It appears that the City now owns the vast majority of Natura:! designated shorelines. particularly if redefining the extent of the Natural designation per the amendments in this work program.] . tH. CONSERVANCY ENVIRONMENT: . 1. Objective: The objective in designating a Conservancy environment is to protect, conserve, and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state, while providing for limited use of the area. The Conservancy environment is intended to provide a pleasant break in the surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. . 2. Areas to Be Designated as a Conservancy Environment: a. Areas of high scenic value. b. Valuable areas for wildlife habitat. c. Hazardous slope areas. d. Flood-prone areas. e. Areas which cannot provide adequate utilities for intense development. f. Areas with unique or fragile features. Draft Best Available Science Regulation Amendments, July 13, 2004 105 3699 3700 3701 3702 3703 3704 3705 3706 3707 3708 3709 3710 '3711 3712 3713 3714 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 3736. 3737 3738 3739 3740 3741 3742 3743 .3744 3745 3746 3747 3748 3749 3750 3751 3752 3753 3754 3. Extent of the Conservancy Environment: The following segments are designated Conservancy: 5L That portion of May Creek east of FAI-40S right-of-way~ and . b. Ithat portion of the south bank of the Cedar River, two thousand five hundred feet (2,SOO ) east of FAI-40S right-of-way and south of Ma Ie Valle Hi hwa to' the easternmost Cit limit. bounda as of the effective date of these re ulations i '2004 , and c. That portion of the north and south banks of the Cedar River lying north of Maple Valley Highway between 13Sth Avenue SE extended and the easternmost City limit boundary as of the effective date of these regulations lI. 2004}, and d. Ithat portion of Springbrook Creek beginning from approximately S.W. 27th Street on the north to S.W. 31 st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of S.W. 38th Street abutting the City's recently acquired' Wetlands Mitigation Bank~ shall be designated Conservancy (see the Shoreline Environment Map and the Springbrook Creek Shoreline Boundary Map in subsection (;.Eof this Section~. e. That portion of the south bank of the Black River lying east of Monster Road/68t Avenue S. and west of its confluence with Springbrook Creek (see the Shoreline Environment Map in Subsection F of this Section). 4. Acceptable Activities and Uses: 'Activities and uses considered to be ,acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a Conservancy environment are low-density residential, passive agricultural uses such as pasture or range lands; and passive outdoor recreation. 5. Use Regulations in the Conservancy Environment: : . .. -.' , a. Commercial Uses: Commercial..uses shall be limited to home occupations, which' shall be " contained wholly within the' dweliing unit. ~~e: Definition of home occupation limits activities to inside a dwelling or accessory structure.] b. Fish and Game Reserve and Breeding Operations: Any such activity shall be allowed only by the Land Use Hearing Examiner. c. Industrial Uses: All industrial activities are prohibited in a Conservancy environment . d. Recreation Use: In the Conservancy environment, only the following recreation uses shall be limited to passive recreationpermitted. " ' i. Permitted Uses: Public hiking and bicycle trails, nonmotorized public fishing, public· wading and swimming spots, public areas for nature study, public picnic areas, public outdoor recreation facilities authorized by the City Parks, Recreation. and Open Space Master Plan. ii. Conditional Uses Allowed by Hearing Examiner: Public overnight camping areas. e. Residential Uses: . . i. Permitted Uses: Low-densitysingle family residences. ii. Prohibited Uses: Multi-family residences of two (2) units or more. f. Utilities: i. Local Service Utilities: The necessary local service utilities shall be. permitted for ,approved activities and uses within the Conservancy environment aRs--shaU-be tffiGe~,~hen consistent with Gity-Gode-'requirements in subsection K.18. Draft sest Available Science Regulation Amendments, July 13, 2004 106 • • 3755 • 756 757 3758 3759 3760 3761 3762 3763 3764 3765 3766 3767 3768 3769 3770 3771 3772 3773 3774 3775 3776 3777 3778 3779 3780 3781 • 782 783 784 3785 3786 3787 3788 3789 3790 3791 3792 3793· 3794 3795 3796 3797 . 3798· 3799 3800 3801 3802 3803 3804 3805 3806 3807 3808 .809 ii. Major Utilities: Major utilities may be allowed only by approval of the Land Use Hearing Examiner and only if they cross the conservancy area in the shortest feasible route . g. Roads: Necessary roads are permitted subject to the standards regulations of subsection ~K.15, Roads and Railroads, of this Section, Roads and Railroads. h. Educational Facilities: Installation of facilities by public agencies for public educational purposes such as, but not limited to, ecological or historical education when located outside of unigue or fragile areas. i. Flood control: Public flood control structures and operations; floodway drainage and storage activities. j. Dredging necessary for public flood control activities. k. Other Activities: The following activities that are exempt from the permit system are allowed uses in the Conservancy Environment: RMC 4-9-190 i. C.3, Normal maintenance and repair; ii. C.4, Bulkhead; iii. C.5, Emergency construction; iv. C.6, Farming, irrigation, and ranching activities; v. C.10, Canals, waterways. drains, and reservoirs; vi. C.11, Marking of property lines; vii. C.12, Maintenance of any system of dikes, ditches; and drains; viii. C.13, Site exploration and investigation activities towards preparation of an application; ix. C.14, Removing or controlling noxious weeds; x. C.15, Watershed restoration projects; and xi. C.16, Fish or wildlife habitat or fish passage; and xii. C.17, Hazardous substance remedial actions. rEm~'~: Follows from SMP Map amendment memos March 8, 2004, for the Maplewood Golf Course and Ron Regis Park additions to the SMP map as Conservancy, matching King County allowances for active recreation.] . J!. URBAN ENVIRONMENT: 1, Objective: The objective of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses'. 2. Areas to Be Designated as Urban Environment: Draft Best Available Science Regulation Amendments, July 13, 2004 107 I 3810 3811 3812 3813 3814 3815 3816 3817 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 . 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845· 3846 3847· 3848· 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 a. Areas of High Intensity Land Use: The Urban environment is an area of high-intensity land use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city, but is particularly suitable to those . areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate intensive urban expansion. On certain shorelines planned for future urban expansion, there should be limitations based on the physical aspects of the site. 3. Extent of the Urban Environment: All shorelines of the State regulated by the City which are not designated as Conservancy or Natural are designated as Urban (see the Shoreline Environment Map in subsection G-Eof this Secti0!1)' 4. Acceptable Use· and Activities: All uses shall be allowed as indicated by subsection h-K..of this Section, Specific Use Regulations. Also all uses in 4-9-190.C, Exemptions from Permit System, are allowed in the Urban Environment. 5. Use Regulations in the Urban Environment: 8. Water-Oriented Activities: Because shorelines suitable for urban uses are a limited resource, emphasis shall be given to development within already developed areas and particularly to water- oriented industrial and commercial uses. b. Public Access: In this Master Program, priority is also given to planning for public visual and physical access to water in the Urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the Urban environment shall be accomplished through the Master Program. To enhance waterfront and ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities where practicable, and the various access pOints ought. to be linked to nonmotorized transportation routes such as bicycle and hiking· paths. KJ.. GENERAL USE REGULATIONS FOR ALL SHORELINE USES: 1. Applicability and Exemptions: a. Applicability: i. General: The Renton Shoreline Master Program regulations apply to any use, activity, or development on the Shorelines of the State within the City. No authorization to conduct a use, activity or development shall be granted unless such use, activity, or development is found consistent with the· Renton Shoreline Master Program. +I=Hs. Section shall apply to all shoreline uses whenever applicable. Items included here will not necessarily be repeated in subsectionL of this Section, Specific Use Regulations, and shall be used in the evaluationof all permits. ii. Nonconforming uses: See RMC 4-10-100 regarding the extent to which Renton Shoreline Master Program standards apply to nonconforming uses and activities. b. Exemptions: i. Permit Exemptions: RMC 4-9-190.Cidentifjes developments or activities which· are not required to obtain· a shoreline substantial development permit. but which must otherwise comply with all applicable provisions of the Renton Shoreline Master Program. ii. Use or Activity Exemptions:· Reserved. [~1Si:N0fS: This is a larger issue for the larger future SMP update.] Draft Best Available Science Regulation Amendments, July 13, 2004 108 • •• ••• 3865 • 866 867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883 3884 3885 3886 3887 3888 3889 3890 3891 • 3892 93 894 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 3915 3916 3917 3918 • 19 20 2. Environmental Effects: @ait(fal~tE;: Moved and integrated in new Section 6 below. Pollution and Ecological Disruption discussion was deleted as too similar to No-Net-Loss of Functions discussion below.] a. Pollution and Ecological Disruption: The potential effects on water quality, ',vater and land vegetation, water life and other wildlife (including, for example, spawning areas, migration and circulation habits, natural habitats, and feeding), soil quality and all other environmental aspects must be considered in the design plans for any activity or facility which may have detrimental effects on the environment. . b. Burden on Applicant: Applicants for permits must explain the methods that will be used to abate, avoid or othen ... ise control the harmful effects. c. Erosion: Erosion is to be controlled through the use of vegetation rather than structural means where feasible. d.Geology: Important geological factors such as possible slide areas' on a site must be considered. Whatever actil/ity is planned under the application for the development permit must be safe and appropriate in vie",.' of the geological factors prevailing. 3. Use Compatibility and Aesthetic Effects: g31~"': Moved and integrated in new Section 6 below.] a. The potential impact of any of the follol,ving on adjacent, nearby, and possibly distant land and shoreline users shall be considered in the design plans and efforts made to avoid or minimize detrimental aspects: .. , i. View Obstruction: Buildings, smokestacks, machinery, fences, piers, poles, wires, signs, lights, and other structures .. ii. Community Disturbances: Noise, odors, night lighting, ..... ater and land traffic, and other structures and activities. iii. Design Theme: Architectural styles, exterior designs, landscaping patterns and other . aspects of the overall design of a site shall be a uniform or coordinated deSign, planned for the purpose of visual enhancement as well as for serving a useful purpose. iv. Visually Unpleasant Areas: Landscaped screening shall be used to hide from public vie' .... any area that may impinge upon the visual quality of a site, for example, disposal bins, storage yards, and outdoor work areas. v. Outdoor' Activities: Work areas, storage, and other activities on a site in a residential area shall be in enclosed buildings, as is reasonably possible, to reduce distractions and other effects on surrounding areas. Outdoor activities of commercial and industrial operations shall be limited to those necessary for the operation of the enterprise. Outdoor areas shall not be used for storage of more than minimal amounts of eMment, parts, materials, products, or other objects. 4. Public Access: ®Clit0JS1fOi~: Moved and integrated in new Section 6 below.] " a. Where possible, space and right-of-way-sflaIl-9e-left.-available on the immediate shefeline so tflat..-trails, nonmotorized bike paths, and/or other meaRS of public use may be developed PfOViGiflg greater shoreline l:ltilization. Draft Best Available Science Regulation Amendments, July 13, 2004 109 I 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941 3942 3943 3944 3945 3946 3947 3948 3949 3950 3951 3952 3953 3954 3955 3956 3957 3958 3959 3960 3961 3962 3963 3964 3965· 3966 3967 3968 3969 3970 3971 3972 3973 3974 3975 c. No property shall be acquired for public use without just compensation to the O'.vner. 5. Facility Arrangement . Shoreline Orientation: Where feasible, shoreline developments shall . . . the shoreline and place all other facilities inland. :; ifGf~ 'lilf : Moved and inte rated in new Section 6 below.] . 6. landscaping: The natural and proposed landscaping should be representative of the indigenous character of the specific types of waterway (stream, lake edge, marshland) and shall be compatible with the Northwest image. The scenic, aesthetic, and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable resources. .rOls"'!~Il: Section removed. Requirement for "natural and proposed landscaping should be representative of indigenous character.· etc .. duplicative of J.B.d. e. and f.] preserved and riparian areas.] . 2. Studies Required: . . . a. When Standard Stream or Lake Study Is Required: If a proposed development site contains a Shoreline of the State or associated buffer area, or the project area is within one hundred feet (100') of the Shoreline of the State even if the water body is not located on the subject property but the Reviewing Official determines that alterations of the subject property could potentially impact the water body in question, then the applicant shall be required to conduct a Standard Stream or Lake Study per RMC 4-8-120. b. When Supplemental· Stream or Lake Study is Required: Changes to buffer requirements, or alterations of the Shoreline of the State requires a Supplemental Stream or Lake Study as identified in RMC 4-8-120. c. When Stream or Lake Mitigation Plan Required: A Stream or Lake Mitigation Plan shall be required per RMC 4-8-120.0., if impacts are identified within a required Supplemental Stream or Lake· Study. The approval of the Stream or Lake Mitigation Plan by the Administrator shall be . based on the criteria located in Subsection J.2.c.ii. below. ' L Timing of Mitigation Plan·-Final Submittal and Commencement: When a.Stream or Lake Mitigation Plan is required, the applicant shall submit a final mitigation plan for the approval of the Administrator prior to the issuance of building or construction permits, whichever comes first. The applicant shall receive written approval of the final mitigation plan· prior to commencement of any mitigation activity. ii. Criteria for Approval of Stream or Lake Mitigation Plan for Alterations of Shorelines and Associated Buffers: In order to approve a Stream or Lake Mitigation Plan the Administrator shall find that the Plan demonstrates compliance with the following criteria: (a) Mitigation Location: Mitigation location shall follow the preferences in (i) to (iv) below:· • . (i) On-site mitigation: On-site mitigation is required unless the Reviewing Official finds that on-site mitigation is not feasible or desirable; {m Off-site mitigation within same drainage subbasin as subject site: Off- site mitigation may be allowed when located within the same drainage subbasin Draft Best Available Science Regulation Amendments, July 13, 2004 110 •• • 3976 • 977 978 3979 3980 3981 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 4000 4001 4002 ~03 . 04 ~005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 ' 4016 4017, 4018 4019 4020 4021 4022 4023 4024 4025 4026 .027 , . as the subject site and if it achieves equal or improved ecological functions over , . mitigation on the subject site; (iii) Off-site mitigation within same drainage basin within City limits: Off- site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved ecological functions within the City over mitigation within the same drainage subbasin as the project; (iv) Off-site mitigation within the same drainage basin outside the City limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or improved ecological functions over mitigation within the same drainage basin within the Renton City limits and it meets City goals. ebl Contiguous Corridors: Mitigation sites shall be located to preserve or achieve contiguous riparian or wildlife corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed; and ecl Non-indigenous species: Wildlife, or fish species not indigenous to the region shall not be introduced into a riparian mitigation area unless authorized by a State or Federal permit or approval. Plantings shall be consistent with Section 4-3-090.J.6.g.i; and (d) Equivalent or greater biological functions: The Administrator shall utilize the report ·City of Renton Best. Available Science Literature Review and Stream Buffer Recommendations" by AC Kindig & Company and Cedarock Consultants, dated X, 2003, unless superceded with a City-adopted study, to determine the existing or potential . 'ecological, function of the stream or lake or riparian habitat that is being affected. Mitigation shall address each function affected by the alteration. Mitigation to compensate alterations to' streamllakeareas and associated buffers shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. No-net-Ioss ofriparian habitat orwater bodyfunction shall be demonstrated; and ' Cel Minimum Mitigation Plan Performance Standards: For any required Stream or Lake Mitigation Plans, the applicant shall: (i) Demonstrate ~ufficient scientific expertise, the supervisory capability, and the financial resources to carry out the mitigation project; and , , (ij) Demonstrate the capability for monitoring the site and making corrections during the monitoring period if the mitigation project fails to meet projected goals; and (iii) Protect and manage, or provide for' the protection and management of the mitigation area to avoid further development or degradation and to provide for long- term perSistence of the mitigation area: and (iv) Provide for project monitoring and allow City inspections as appropriate; and (v) For onsite or offsite mitigation proposals, abutting or adjacent property owners are notified when mitigation has the potential to considerably decrease the development potential of abutting or adjacent properties. For example, if a stream alteration were Draft Best Available Science Regulation Amendments, July 13, 2004 111 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 .4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 I 4058 4059 4060. 4061 4062· 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 ' 4073 4074 4075 4076 4077 4078 4079 proposed and altered the location of a required buffer on an abutting property, the • abutting property owner should be notified. Notification shall be 'given as follows: (a) For applications that are not subject to notices of application per RMC 4- 8, notice of the mitigation proposal shall be given by posting the site and notifying abutting or adjacent property owners with the potential to be' impacted. (b) For applications that are subject to notices of application, the mitigation proposal shall be identified in the notice of application and mailed to abutting or adjacent property owners with the potential to be impacted. (f) Additional Conditions of Approval: The Administrator shall condition approvals of activities allowed within or abutting a stream/lake or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following: (i) Preservation of critically important vegetation and/or· habitat features such as snags and downed wood; (ij) Limitation of access to the habitat area,' including fencing to deter ·unauthorized access; (iij) Seasonal restriction of construction activities; and (iv) Establishment of a duration and timetable for periodic review of mitigation activities. (0) Based on Best Available Science:, The applicant shall demonstrate that the mitigation is based on consideration of the best available science as described in WAC 365~ 195-905; or where there is an absence of valid· scientific information, the steps in RMC 4-9-250F are followed. 'iii. Performance Surety: The Administrator shall require a performance surety to ensure completion and success of proposed mitigation, per RMC4-1-230. The surety device shall be sufficient to guarantee that structures, improvements, and mitigation required by permit, condition perform satisfactorily for a mInimum of 5 years, after they have been completed., " , iv. Alternative Mitigation: The mitigation requirements set forth in this Subsection may be modified at the Administrator's discretion if the applicant demonstrates that improved habitat ' functions, on a per function basis, can be obtained in the affected sub-drainage baSin as a result of alternative mitigation measures. d.Studies Waived:, i. Standard Stream or Lake Study: May only be waived by the Administrator when 'the . applicant provides satisfactory evidence that: . ,'. . . . , (a) A road, building or other barrier exists between the water body and the proposed activity. or , ' (b) The water body or required' buffer area does not intrude on the applicant's lot. and based on evidence submitted. the proposal will not result in significant adverse impacts to nearby water bodies regulated under this Section, or ' Draft Best Available Science Regulatiori Amendments, July 13, 2004 112 • '.' 4080 • 081 082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 • 107 108 . 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 • 133 134 (c) Applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. ii. Supplemental Stream or Lake Study: May only be waived by the Administrator when: (a) No alterations or changes to the stream or lake, or its standard buffer are proposed: or (b) Applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. iiL Stream or Lake Mitigation Plan: May only be waived when no impacts have been identified through a Supplemental Stream or Lake Study. e. Independent Secondary Review: Studies may require secondary review pursuant to RMC 4- 9-190.E.4. 3. Disturbance Prohibited: Streams and lakes and their buffer areas shall be undisturbed, except where the buffer is to be enhanced or in conformance with allowances of Section J.4 or 5. 4. Shoreline Buffers: The following shoreline setbacks/buffers shall be required: a. Buffer Width: i. Standard Buffer Width: Shorelines shall have a minimum 100-foot buffer measured from the ordinary high water mark of the reg~lated shoreline of the state .. ii. Alternative Buffer Width: Shoreline buffers'may be increased or reduced as required or allowed in Subsections b through d. ' b. Use of Buffers: i. Natural or Partially Developed Shorelines: Buffers shall be maintained as stated in Subsections J.3. Disturbance Prohibited: J.B.e. Native Growth Protection Areas Required: and J.B.g., Revegetation Required. . . ii. Developed Shorelines: On sites predominantly containing impervious surfaces in the shoreline buffer areas the buffer widths shall be considered building setbacks, with the setback area to be managed in accordance with Subsection J.5.b, Sites with Developed Shorelines. . . '. c. Increased Buffer Width: i. Areas of High Blow-down Potential: Where the stream/lake area is in an area of high blow-down potential as determined by a qualified professional, the buffer width may be expanded up to an additional fifty feet (50') on the windward side. when determined appropriate to site circumstances and ecological function by the Responsible Official. ii. Buffers Falling· Within Protected Slopes or Very High landsldeLandslide Areas: When the required stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the stream/lake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. iii. Notification: Notification of an increased buffer width may be required pursuant to J .2.c.ii.e. v. Draft Best Available Science Regulation Amendments, July 13, 2004 113 4135 4136 4137 4138 4139 4140 _ 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155, 4156 4157 4158 , 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173' 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183 4184 4185 4186 4187 4188 4189 d. Reduction of Buffer or Setback Width: i. Authority:' Based upon an applicant's request, and the acceptance of a Supplemental Stream or Lake Study, the Administrator may approve a reduction in the standard buffer widths/setbacks where the applicant can demonstrate compliance with Subsections below and any mitigation requirements applied as conditions of approval. ii. Public Notice: Public notification of any buffer reduction determination shall be given as follows: (a) For applications that are not subject to notices of application per RMC 4-8, notice of the buffer determination shall be given by posting the site and notifying parties of record in accordance with RMC 4-8. ' (b) For applications that are subject to notices of application, per RMC 4-8, the buffer determination or request for determination shall be included with notice of application, and upon determination, notification of parties of record shall be made. iii. Criteria for Approval of Reduced Buffer Width: If a proposal meets Subsections (a) or (b) or (c) and meets the environmental criteria of (d), minimum buffer widths may be reduced as stated in Subsection JA.dAv below: ' , (a) The abutting land is extensively vegetated and has less than fifteen percent (15%) slopes; the width reduction will not reduce stream or lake functions, including those of anadromous fish or non-fish habitat; the width reduction will not degrade riparian habitat; and no direct or indirect. short-term or long-term. adverse impacts to regulated water bodies, as determined by the' City, will result from a regulated activity. The City's determination shall be based on specific site studies by recognized experts, pursuant to Subsection J.2 and RMC 4-8-120 and RMC 4-9-190 EA; or (b) The proposal includes dayliqhting of a stream through the entirety of its course through the property. or·' removal of a legally installed. as determined by the Administrator, salmonid passage barrier; or (c) The proposal. includes priority uses pursuant to RCW 90.58.020 which cannot be accommodated reasonably using standard buffers/setbacks; and :(d) Envir~nmenta'i .Criteria: Proposals -meeting Subsection Ca) or (b) or{cr shall also meet the following environmental criteria: ' '(i) Buffer Enhancement: • The project includes a buffer enhancement plan using native vegetation' _ . and provides documentation that the enhanced buffer area will maintain or improve the functional attributes of the buffer; or • In the case of existing developed sites where a natural buffer is not possible, the proposal includes on-or off~site riparian/lakeshore or aquatic enhancement proportionate to its project specific or cumulative impact on shoreline ecological functions; and (in The proposal will, result in, at minimum, no-net loss of stream/lake/riparian ecological function; and Draft Best Available Science Regulation Amendments; July 13, 2004 114 • • • 4190 • 191 192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216 • 17 218 4219 4220 4221 4222 4223 4224 4225 4226 4227 4228 4229 4230' 4231 4232 4233 4234 4235 4236 4237 4238 4239 4240 4241 4242 • 43 44 (iii) The proposal does not result in increased flood hazard risk; and (iv) The applicant shall demonstrate that the proposal is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. iv. Minimum Buffer Width Permissible by Administrator: If the criteria in Subsection J.4.d.iii are met, the reduced buffer or setback width shall not be less than the following minimum standards. (a) 75 feet for non-water-oriented development, unless otherwise listed below. eb) 50 feet for water related or water enjoyment development, unless otherwise listed below. ' ec) 50 feet for multi-family development in the Urban Environment along the Cedar River. (d) 25 feet for a single family residential dwelling on a pre-existing legal lot. where there is not enough developable area elsewhere on the site to reasonably accommodate building pads and off-street parking. (e) 25 feet for existing essential public facilities in the Urban Environment not otherwise considered water dependent. The appropriate buffer/setback shall be based .on the facility type, conformance with adopted master plans, ability to provide for safe public access, or other legal or safety con'cerns. (f) 25 feet· for water dependent development that does not require an abutting shoreline location. (g) . 0 feet· for water dependent development if the use depends on an abutting shoreline location . (h) 0 feet for public access connections to the water's edge, or public access water body crossings. or public access segments connecting to existing trails where an alternate alignment is not practical, or where public access alignment avoids impacts to other critical areas. or where safety requires an abutting location; otherwise 25 feet for public access proposals paralleling the water: . (j) 0 feet for necessary roads, bridges, and rai'lroads and utilities when consistent with the standards of Subsection K. (j) 0 feet for piers, docks, marinas, boat launches, and bulkheads when consistent with applicable standards in Subsection K. ' (k} As determined by the Administrator, for development proposed on sites separated from the shoreline by existing intervening lots/parcels, roads. or other significant improvements on an adjoining property, but no less than the standards of the underlying zone. v. Documentation: Reduced buffer width determinations and evidence shall be included in the application file. vi. Variance Required for Narrower Buffer Width: Greater buffer width or setback reductions require review as a shoreline variance by the Land Use Hearing Examiner per Draft Best Available Science Regulation Amendments, July 13, 2004 115 I 4245 4246 4247 4248 4249 4250 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260 4261 4262 4263 4264, 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 ,4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 4293 4294 4295 4296 4297 4298 4299 RMC 4-9-190. The setback provisions of the zoning district for the use must also be met unless a variance to the zoning code is achieved .. e. Averaging of Buffer Width: i. Authority: Based upon an applicant's request, and the acceptance of a Supplemental Stream or Lake Study, the Administrator may approve buffer width averaging .. ii. Criteria for Approval: Buffer width averaging may be allowed only where the applicant demonstrates all of the following: (a) The water body and associated riparian area contains· variations in ecological sensitivity or there are existing physical improvements in or near the water body and 'associated riparian area; and . . (b) Buffer width averaging will result in no-net loss of stream/lake/riparian ecological function; and (c) The total area contained within the buffer after averaging' is no less than that . contained within the required standard buffer width prior to averaging; and (d) In no instance shall the buffer width be reduced to less than fifty feet (50'); and (e) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information. the steps in RMC 4-9-250F are followed. , iii. Buffer Enhancement May Be Required: Buffet enhancement in the areas where the . buffer is reduced shall be required where appropriate to site conditions, habitat sensitivity, . and proposed land development characteristics. . . iv. Variance Required for Narrower Buffer Width: Greater buffer width or setback reductions require review as a shoreline variance by the Land Use Hearing Examiner per RMC 4-9-190. The setback provisions of the.zoning district for the use must also be met unless a variance to the zoning code is achieved. ' v. Notification: Notification may be required per Section J.2.c.ii.e:v:' , , 5. Stream/Lake Buffer Standards: Any proposal subject to RMC 4-3-090 shall comply with the . following standards within required buffer areas: a.Sites with Natural or Partially Developed Shorelines: Streams and lakes and their buffer areas shall be undisturbed. except where: i. Buffer averaging or buffer reduction requests are evaluated in a Supplemental Stream or Lake Study and authorized pursuant to Subsections J.4.d, Reductions of Buffer or Setback Width and J.4.e, Averaging of Buffer Width, or . ii.· The activity consists of a habitat or watershed enhancement proposal exempt from the Shoreline Substantial Development Permit process, or iii. A variance has been approved for the use or activity. iv. Specific criteria of Section K shall apply to the specific use or activity in addition to Subsection J. Draft Best Available Science Regulation Amendmem'ts, July 13, 2004 116 • • • • 4300 301 302 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326 • 327 328 4329 4330· 4331 4332 4333 4334 4335 4336·· 4337 4338 4339 4340 4341· 4342 4343 4344 4345 4346 4347 4348 4349 4350 4351 4352 .353 b. Sites with Developed Shorelines: Where the shoreline is largely in an unnatural state and the buffer predominantly contains impervious surfaces due to existing, legally permitted activities, the following standards shall apply: i. Streams and lakes shall be undisturbed. ii. No new buildings may be constructed within the required buffer. States what needs to be achieved in're-arranging impervious surface proposals.] iv. Existing native vegetation shall be preserved or enhanced to the extent possible, preferably in consolidated areas. v, The proposal will result in, at minimum, no-net' loss of stream/lake/riparian ecological function;. vi. Specific criteria of Subsection K shall apply to the specific use or activity in addition to Subsection J. c. Proposed Activities Independent of a Use: Section K includes standards for practices or activities within waters or along the shoreline that can be unassociated with a land use, including but not limited to dredging, landfills, and stream alteration.' Proposed activities or practices that are independent of a land use are subject to: . i. Authorization in the Use Environment. ii. Evaluation in a Stream/Lake Reconnaissance and Supplemental Study.· iii. Preparation of a Mitigation Plan consistent with SUbsection J.2 as appropriate. iv. Consistency With applicable specific criteria in subsection K in addition to Subsections J2, J5and J6. 6. Permit Evaluation' Criteria for Shoreline Developments: rEi'Ut0iJi1liiM: Former sections 2 to 7 integrated here.] . a. Burden on Applicant: Applicants must explain to the satisfaction of the Administrator the methods that will be used to halt. avoid or otherwise control any harmful effects associated with the proposal. b. Erosion: Vegetation shall be used to control erosion rather than structural means where feasible. c. Geology: Important geological factors -such as possible slide areas -on a site must be considered. Whatever activity is planned under the application for the development permit must be safe and appropriate in view of the geological factors prevailing. d. No-Net-Loss of Functions: Shoreline uses or activities shall not adversely impact unique or fragile areas or stream/lake/riparian ecology function unless adequate mitigation measures are Draft Best Available Science Regulation Amendments, July 13, 2004 117 I • 4354 4355 4356 4357 4358 4359 4360 4361 4362 4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 , 4384 4385. 4386 4387 4388 4389 . 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 provided to ensure that there is no-net-Ioss of ecological functions as a result of the shoreline • uses or activities. ' e. Native Growth, Protection Areas Required: The Reviewing Official shall' require the establishment of Native Growth Protection Areas' consistent with RMC 4-3-050.E.4 to protect streams or lakes or riparian or lakeshore habitat where present. Where water body or buffer disturbance has occurred during construction or other activities, revegetation with native vegetation may be required as a condition of approval. f. Preservation of Existing Vegetation: Existing native vegeta'tion shall be preserved to the extent possible, preferably in consolidated areas. g. Revegetation Required: Revegetation may be required in order to achieve reduced buffer widths; in cases where water body or buffer disturbance has occurred during construction or other activities; or as a result of findings addressed in required studies. When revegetation is required, it shall meet the following standards: i. Use of Native Species: When revegetation is required. native species, or other appropriate species naturalized to the Puget Sound region and approved by the Reviewing Official, shall be used. A variety of species shall be used which serve as food or shelter from climatic extremes and predators,' and as structure and cover for reproduction and rearing of young. ii. Removal of Noxious Species: When required as a condition of aooroval, noxious or undesirable species of plants shall be removed or controlled so as to not compete with native vegetation. . ' .. h. Studies Required: All required studies shall be submitted in compliance-with Subsection J.2. . _' .• and RMC 4-8-120. i. Use Compatibility and Aesthetic Effects: The potential impact of any of the following on adjacent, abutting, and possibly distant land and shoreline users shall be considered in the design plans and efforts made to avoid. or minimize detrimental aspects: i: View Obstruction: Buildings, smokestacks. machinerv,'fences, piers, poles,·wires, signs, lights, and other structures. ii. Community Disturbances: Noise, odors. night lighting. water and land traffic. and other structures and activities. . . iii. Design Theme: Coordination and uniformity of architectural styles. exterior designs, landscaping patterns and other aspects of the overall design of i site. iv. Visually Unpleasant Areas: Landscaped screening shall be used to hide from public, view any area that may negatively impact the visual quality of a site. v. Outdoor Activities: Ca) Residential Areas: Work areas, storage, and other activities on a site in a residential area shall be in enclosed buildings, as is reasonably possible. to reduce distractions and other effects on surrounding areas_ Cb} Commercial and Industrial Areas: Outdoor activities of commercial and industrial operations shall be limited to those necessary for the operation of the enterprise. Outdoor • Draft Best Available Science Regulation Amendments, July 13, 2004 118 4408 ~09 Wl410 4411 4412 4413 4414 4415 4416 4417 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 ·~35 ~36 4437 4438 4439 4440 4441 4442 4443 4444 4445 . 4446 4447 4448 4449 4450 4451 4452 4453 4454 4455 4456 . 4457 4458 4459 4460 • areas shall not be used for storage of more than minimal amounts of equipment, parts, materials, products, or other objects. j. Public Access: i. Where possible and consistent with this Section, space and right-of-way shall be left available on the immediate shoreline sci that greater public use of the shoreline can be provided. ii. Trail systems shall be designed to avoid conflict with private residential property rights. iii. No property shall be acquired for public use without just compensation to the owner. k. Orientation: Where feasible, shoreline developments shall locate the water-dependent. water- related and water-enjoyment portions of their developments along the shoreline and place all other facilities inland. I. Other Permit Criteria: Also see criteria in Section 4-9-190.F. bK. SPECIFIC USE REGULATIONS: In addition to the General Use Regulations for All Shorelines Uses in Subsection J, the following Specific Use Regulations shall be met as applicable to the use or activity: 1. Airports and Seaplane Bases: . a. Airport Location: A new airport shall not be allowed to locate within the sh.oreline. However, an· airport already located within a shoreline shall be permitted to upgrade and expand its facilities provided such upgrading and expansion would not have. a detrimental effect on the shoreline. b. Location of Seaplane Bases: i. Private Seaplane Bases: A single private seaplane is permitted per residence. ii. Commercial Seaplane Bases: New commercial seaplane bases may be allowed in industrial areas provided such bases are not contiguous to residential areas. c. Airport Facilities: LFuture hangars should be set back a minimum of twenty feet (20 ) from the ordinary high water mark of the shoreline and shall be designed and spaced to allow viewing of airport activities from the area along the water's edge. . ii. Tie down areas should be no closer than n¥enty feet (20 ) from the ordinary high water mark of the shoreline for aircraft. ~$lt1Om: Addressed in J4.J d. Seaplane Bases (CommerCial): i. Docks and Tie Down-Areas: Docks for the mooring of seaplanes are permitted. Seaplanes may be stored on the dock or ramps. ii. Tie-Down Areas: Tie-down areas may be provided on seaplane ramps. Draft Best Available Science Regulation Amendments, July 13, 2004 119 4461 4462 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4480·· 4481 4482 4483 .4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503 4504 4505 4506 4507. 4508 4509 4510 4511 4512 4513 4514 4515 4516 e. Landscaping: Landscaping shall be required around parking areas in accordance with City regulations. The landscaping shall be compatible with the activities and characteristics of aircraft in that it should be wind resistant, low profile, and able to survive under adverse conditions. f. Services: Services or aircraft shall conform to FAA standards, which include fuel, oil spill clean- up, safety and firefighting equipment, and vehicle and pedestrian separation. 2. Aquaculture: . a. Location: Aquaculture operations may be located on streams and rivers, EXCEPT in Natural and Conservancy environments and along urban areas developed with residential uses. b. Time: Facilities shall be allowed on a temporary basis only. c. Design and Construction: All structures over or in the water shall meet the following . restrictions: i. They.shall be securely fastened to the shore. . ii. They shall be designed for a minimum of interference with the natural systems of the waterway including! for example, water flow and quality, fish circulation,and aquatic plant li~. . iii. They should not prohibit or restrict other human uses of the water, such as swimming and/or boating. . iv. They shall be setback appropriate distances from other shoreline uses, if potential . cOnflicts exist; .. . 3. Boat':Launching Ramps: a. Site Appropriateness -Water Characteristics: Water depth should be deep enough off the shore to allow use by boats. Water currents and movement and normal wave action shall. be sUitable for ramp activity. . . . . . b. Site Appropriateness -Topography: The proposed area should not present major geological or topographical obstacles to construction. or. operation of the ramp.· Site adaptation such as dredging shall be minimized. c. Dimensions and Location: The ramp should be deSigned so as to allow for ease of access to the water withminimal impact on the shoreline and water surface. . d. Ramp Surface Material: The surface of the ramp may be concrete,precast concrete, or other· hard permanent substance. The material shall be permanent and noncontaminating to the water. Loose materials, such as gravel or cinders, will not be used. The material chosen shall be appropriate considering the following conditions: Soil characteristics, erosion, water currents, .. waterfront conditions, and usage of the ramp. e. Review Required: Engineering design and site location approval shall be obtained from the appropriate City department. . 4. Bulkheads: a. Applicability and Exemption: All bulkheads are subject to the regulations set forth in this Master Program, except that bulkheads common to a single family residence are exempted from the permit system set forth in this Master Program and Building Code . . Draft Best Available Science Regulation Amendments, July 13, 2004 120 • • 4517 • 518 519 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 4538 4539 4540 4541 4542 4543 4544 ..s45 <~46 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 .571 b. When Permitted: A bulkhead may be permitted only when: i. Required to protect upland areas or facilities. ii. Riprap cannot provide the necessary protection. iii. The bulkhead design has been engineered by an appropriately' State licensed professional engineer, and the design has been approved by the Renton Department of Public Works. c. Associated Fill: A bulkhead for the purpose of creating land by filling behind the bulkhead shall be permitted only when the landfill has been approved. The application for a bulkhead shall be included in the application for the landfill in this case. (See subsection h8-K.8 of this Section, Landfills.) d. General Design Requirements: i. The burden rests upon the applicant for the permit to propose a specific type of bulkhead design which has been engineered by an appropriately State licensed professional engineer. ii. All approved bulkheads are to be constructed in such a manner as to minimize damage to fish and shell fish habitat. In evaluating the application' for a proposed bulkhead, the Development Services Division shall consider the effect of the bulkheads on public access to publicly owned shorelines. Where possible, bulkheads are to be designed so as not to detract from the aesthetic qualities of the shoreline. iii. Bulkheads are to be constructed in such a manner as to -minimize alterations of the . natural shoreline and to minimize adverse effects on nearby beaches. iv. In cases where 'bulkheading is permitted, scientific Information suggests a rock riprap design is preferred. The cracks and openings in such a structure afford suitable habitats for certain forms of aquatic life. if there is determined to be a severe rate population, consideration must be given to construction of a solid bulkhead to eliminate cracks and openings typical to a riprap structure. ' 5. Commercial Developments: a. Location of Developments: i. New' commercial developments are to be encouraged to locate in those areas where current commercial uses exist. < ii. New commercial developments on Lake Washington which are neither water- dependent, nor water-related, nor water-enjoyment, nor which do not provide significant public acce~s to and along the water's edge will not be permitted upon the shoreline. b. Incorporation of Public Recreational Opportunities: Commercial developments should incorporate recreational opportunities along the shoreline for the general public. c. View Impacts: The applicant for a shoreline development permit for a new commercial development must indicate in his' application the effect which the proposed commercial development will have upon the scenic view prevailing in the given area. Specifically, ~ the applicant must state in his permit what steps' have been taken in the design of the proposed Draft Best Available Science Regulation Amendments, July 13, 2004 121 • 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586 4587. 4588 4589 4590 45.91 4592 4593 4594 4595 4596 4597 4598' 4599 4600 4601 4602 4603 4604 4605 4606.- 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627, commercial development to reduce to a minimum interference with the scenic view enjoyed by any significant number of people in the area. ' d. Setback: A commercial building should be located no closer than fifty feet (50 ) to the ordinary high water mark; however, the Land Use Hearing Examiner may reduce this requirement through the variance process for good reason for those structures that allow public access to and along the \'vater's edge. r§ajtOfn~: Addressed in J4.J . • 6. Dredging: a. Definition: The removal of earth or sediment from the bottom or banks of a body of water. b. Permitted Dredging: Dredging is to be permitted only when: i. Dredging is necessary for flood control purposes, if a definite flood hazard would exist unless dredging were permitted. . ii. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. iii. Dredging is necessary to obtain additional water area so as 'to decrease the intrusion into the lake of a public, private or marina dock. This type of dredging may only be allowed if the following conditions are met: The water of the dredged area shall not be . stagnant or. polluted; and the water of the dredged area shall be capable of supporting aquatic life. - iv. Dredging may be permitted where necessary for the development and maintenance of pubiic shoreline parks and of private shorelines to which the public is provided access.-. Dredging may be permitted where additional public access is provided and/or where there is anticipated to be a significant improvement to fish or wildlife habitat, provided there is no net reduction upon the surface waters of the lake. -v. Dredging may be permitted to maintain water depth and navigability. vi. Dredging is performed pursuant to a remedial action plan, approved under authority of the Model Toxics Control Act or pursuant to other authorization by the Department of _ Ecology, U.S. Army Corps of Engineer or other agency with jurisdiction. c. Prohibited Dredging: i. Dredging is prohibited in unique or fragile areas (see RMC 4-11-210) except for the purposes identified' in subsection b7a-K.6.b of this Section where appropriate Federal and/or State authorization has been received, and any required environmental review and mitigation is conducted. .' . . . . ' ii. Dredging solely for the purpose of obtaining fill or construction material, which dredging is not directly related to those purposes permitted in subsection b+a-K.6.b of this Section, is prohibited. . d. Regulations on Permitted Dredging: i. Report by Engineer Required: All proposed dredging operations shall be planned by an appropriate State licensed professional engineer. An approved engineering report shall be submitted to the Renton Development Services Division as' part of the application for a shoreline permit. . , Draft Best Available Science Regulation Amendments, July 13, 2004 122 • ... • 4628 • 629 630 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 • 4655 56 657 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 .4669 4670· 4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 • 682 683 ii. Applicant's Responsibility: The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation . iii. Minimal Adverse Effect: The responsibility further rests with the applicant to demonstrate that there will be a minimal adverse effect on aquatic life and/or on recreational areas. iv. Timing: The timing of any dredging operation shall be planned so that it has minimal impact or interference with fish migration. v. Adjacent Abutting Bank Protection: When dredging bottom material ofa body of water, the banks shall not be disturbed unl~ss absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks. If it is absolutely necessary to disturb the adjacent abutting banks for access to the dredging area, the responsibility rests with the applicant to propose and carry out a method of restoration of the disturbed area to a condition minimizing erosion and siltation. vi. Adjacent PropertiesMinimize Impacts: The responsibility rests with the applicant to demonstrate a method of eliminating or preventing conditions that may: Create a nuisance to the public or nearby activity. Damage property in or near the area. Cause substantial adverse effect to plant, animal, aquatic or human life in or near the area. . . Endanger public safety in or near the area . vii. Contamination: The applicant shall demonstrate a method to control contamination and pollution to water, air, and ground. viii. Disposal of dredged material: The applicant shall demonstrate a method of disposing of all dredged material. Dredged material shall not be depOSited in a lake or stream except if the. material is approved as part of a contamination remediation project approved by appropriate State and/or Federal agencies. In no instance shall dredged material be stockpiled in a shoreland area. If the dredged material is contaminant or pollutant in nature, the applicant shall propose and carry out a method of disposal that does not contaminate or pollute water, air, or grC?und. 7. Industrial Development: a. When Permitted: Industrial developments are to be permitted only when: i. They are water-dependent, water-related or they provide reasonable public access to and along the water's edge. New industrial developments on Lake Washington which are neither water .. dependent, nor water-related shall provide significant public access. ii. They minimize and cluster those water-dependent and water-related portions of their development along the shoreline and place inland all facilities which are not water- dependent; and, iii. Any over-water portion is water-dependent, is limited to the smallest reasonable dimensions, and is approved by the Land Use Hearing Examiner; and, iv. They are designed in such manner as to enhance the scenic view; and, Draft Best Available Science Regulation Amendments, July 13, 2004 123 I 4684 4685 4686 4687 4688 4689 4690 4691 4692 4693 4694 4695 4696 4697 4698 4699 4700 4701 4702 4703 4704· .4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715 4716 4717 . 4718 4719 . 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 v. It has been demonstrated in the permit application that a capability .exists to contain and clean up spills or discharges of pollutants aS,sociated with the industrial development. b. Setbacks: InGl:lstrial stFl:lctures shall be set back t>. ... enty five feet (25) minimum from the ordinary high 'Nater mark. r§ito~Sjlme: Addressed in J4.J 8. Landfills: . a. When Permitted: Landfills shall be permitted in the following cases: , . i. For detached single family residential uses, when the property is located between two (2) existing bulkheads, the property may be filled to the line of conformity provided the fill does not exceed one hundred twenty five feet (125 ) in length along the ordinary high water mark and thirty five feet (35 ) into the water, and provided the provisions of RMC 4- 9-19014b(i) through 4-9-19014b(vi) are satisfactorily met; or ii. When a bulkhead is built to protect the existing perimeter land, a landfill shall be approved to bring the contour up·to the desired grade; or iii. When in a public use area, landfill would be advantageous to the general public; or iv. When repairs or modifications are required for existing bulkheads and fills; or v. When landfill is required for flood control purposes; or vi. When a landfill is part of a remedial action plan. approved by the Department of Ecology pursuant to the Model ToxicsControl Act, or otherwise authorized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction. vii. Justification for landfill for any other purpose than those listed in subsections b8aK.8.a{i~through fv~ of this Section will be allowed only with prior approval of the Land Use Hearing Examiner. . . 9. Marinas: . ~. When permitted: Marinas shalf be permitted only when: i. Adequate on-site parking is available commensurate with the moorage facilities provided. (See subsection hgeK.9.b(vi) of this Section.) ii. Adequate water area· is available commensurate with the actual moorage facilities provided. iii. The location of the moorage facilities is convenient to public roads. b. Design Requirements: . . . i. Marinas are to be designed in the manner that wili minimize adverse effects on fish and shellfish resources and be aesthetically compatible with abutting and adjacent areas. ii. Marinas utilized to overnight and . long-term moorage are not to be located in shallow- water embayments with poor flushing action. . iii. Applications for permits for marina construction are to be evaluated for compliance with standards promulgated by Federal, State, and local agencies. Draft Best Available Science Regulation Amendments, July 13, 2004 124 • •• • • 4740 741 742 4743 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 4759 4760 4761 4762 4763 4764 4765 4766 ~~67 .... ~68 4769 4770 4771 4772 4773 4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 .794 iv. Marinas and other commercial boating activities are to be equipped with receptacles to receive and adequately dispose of sewage, waste, rubbish, and litter from patrons' boats. v. Applications for development permits for the construction of marinas must affirmatively indicate that the marina will be equipped to contain and clean up any spills or discharges of pollutants associated with boating activities. vi. Parking should be provided in accordance with the following ratio: private and public marinas: two (2) per three (3) slips; private marina associated with residential complex: one per (3) slips. vii. Special designated loading areas should be provided near piers in the amount of one parking space per twenty five (25) slips; all other parking areas are to be located one hundred feet (100 ) from the ordinary high water mark~ c. Location of Marinas:' i. Marinas shall be permitted only upon Lake Washington. Marinas must provide adequate access, parking, and surface water area in relation to the number of moorage spaces provided. 10. Mining: a. All mining, including surface mining, shall be prohibited. b. Surface mining shall mean all or any part of the process involved in extraction of minerals by removing the overburden and mining directly from the mineral deposits thereby exposed, including open pit mining of minerals naturally exposed at the surface of the earth, mining by the auger method, and production of surface mining refuse. The, surface mining shall not include reasonable excavation or grading conducted for farming, on-site road construction, or on-site building construction. 11. Parking: a. Public Parking: In. order to encourage public use of the shoreline, public parking is to be provided at frequent iocations. Public parking facilities should be discouraged along the water's edge. Public parking facilities are to be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. b. Private Parking: Private parking facilities are to be located away from the water's edge where possible. 12. Piers and Docks: a. Purpose: To establish approval and design criteria. b. Fees Prohibited: No fees or other compensation may be charged for use by nonresidents of piers or docks accessory to residences. c. General Design Requirements: i. Minimize Interference: Piers and docks shall be designed to minimize interference with the public use of the water surface and shoreline. Draft Best Available Science Regulation Amendments, July 13, 2004 125 4795 4796 ' 4797 4798 , 4799' 4800 4801 4802 4803 4804 4805 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 4830 4831, 4832 4833 4834 4835 4836 4837 4838 4839 , 4840 4841 4842 4843 4844 4845 4846 4847 4848 4849 ii. Floating Docks: The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. iii. Expansion Encouraged: The expansion of existing piers .and docks is encouraged over the construction of new facilities. iv. General Criteria for Approval of Docks and Piers: The responsibility rests upon the applicant to affirmatively demonstrate the need for the proposed pier or dock in his application for a permit. The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: The dock or pier length does not extend beyond a length necessary to provide reasonable and safe moorage. The dock or pier does not interfere with the public use and enjoyment of the water nor create a hazard to navigation. The dock or pier will not result in the unreasonable interference with the use of adjacent docks and/or piers; and The dock or pier must comply with the design criteria specified in the following sections. v. Construction Type: All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger of significant damage to' an ecosystem, where scenic values are high, and where one or more -of the following conditions exist: :' , Extreme water depth, beyond the range of normal length piling. A soft bottom condition, providing little supp0r:! for piling. , Ledge rock bottom that renders it not feasible to install piling. . '. .' . . . '. . vi. Safety: All piers and docks shall be constructed and maintain~d in a safe and sound condition. ' vii. Protection from Toxic Materials: Applicants for the new construction or extension of piers and docks or the repair and maintenance of existing docks shall use materials and methods which prevent toxic materials, petrochemicals and other pollutants from entering surface water during and after construction. d. Allowable Types of Piers and Docks: Permits for the following construction of piers or docks will b~ allowed: ' i. Piers and docks which provide for public recreational access and use or marinas. ii. Community piers and docks in new. major waterfront subdivisions. iii. Piers and docks which are constructed for private jOint use by two (2) or more waterfront property owners. iv. Private single family residence piers and docks. Draft Best Available Science Regulation Amendments, July 13, 2004 126 ' • '. 4850 • 851· 852 4853 4854 4855 4856 4857 4858 4859 4860 4861 4862 4863 4864 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 • 4877 878 879 4880 4881 4882 4883 4884 4885 4886 4887 4888 4889 4890 4891 4892 4893 4894 4895 4896 4897 4898 4899 4900 4901 4902 4903 • 04 05 v. Community piers and docks for multi-family residence including apartments, condominiums, or similar developments . vi. Water-dependent commercial and industrial uses. e. Design Criteria for Single Family Docks and Piers: i. Number: There shall be no more than one pier per developed waterfront lot or ownership. ii. Dock Size Specifications: The following dock specifications shall be allowed: . Length: The dock may extend to a maximum of eighty feet (80 ) beyond the ordinary high wate~ line into the water or until a depth of twelve feet (12 ) below the mean low water mark, whichever is reached first. However, in no case shall a dock of less than fifty feet (50 ) in length be required. Width: The maximum width ora dock shall be eight feet (8 ). Location: No portion of a pier or dock for the sole use of a private single family residence may lie closer than five feet (5 ) to an adjacent abutting property line. Extension: One extension of a dock parallel to the shoreline or one float may be allowed provided such extension is not located closer that five feet· (5 ) from a side lot line or exceed one hundred (100) square feet in size. iii. Joint Use Piers and Docks: Location: A joint use dock may be constructed for two (2) contiguous waterfront properties and may be located on a side property line or straddling a side property line,. common to both properties. . Agreement: A joint use ownership agreement or covenant shall be prepared with the appropriate signatures of the property owners in question and recorded with . the King County Assessor's Office. A copy of the recorded agreement shall be provided to the City. Such document should specify ownership rights and maintenance provisions. Dock Size Specifications: Joint use docks and piers may extend to eighty feet . (80') beyond the ordinary high water mark or to a depth of twelve feet (12'), whichever is reached first. . Joint use docks and piers may not exceed a maximum width of tweive feet (12). Joint use docks and piers may be allowed one pier extension or float a maximum of one hundred fifty (150) square feet in size for each owner. Requests for greater dock length may only be submitted as speCified below under subsection ~K.12.i of this Section once an individual has failed to work with an aGjaGeffi-abutting property owner in establishing a joint use dock. f. Design Criteria for Multi-Family Residence Docks: i. Resident Moorage: Moorage at the docks shall be limited to residents or owner of the subdivision, apartments, condominiums or similar developments for which the dock was built. Draft Best Available Science Regulation Amendments, July 13, 2004 127 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917 4918 4919 4920 4921 4922 4923 4924 4925 4926 4927 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937 . 4938 4939 4940 4941 4942· 4943 4944 4945 4946 4947 4948 4949 4950 4951 4952 4953 4954 ·4955 4956 . 4957 4958 4959· 4960 ii. Maximum Number of Berthing Spaces: The ratio of moorage berths to residential units shall be one berth for every two (2) dwelling units. iii. Length of Multiple Family Pier or Dock: Multiple family piers and docks shall not exceed a length of one hundred eighty feet (180 ) into the water beyond the ordinary high water mark, except as may be allowed under subsection ~K.12.i of this Section. g. Design Criteria for Recreational, Commercial arid Industrial Docks: The following dock specifications shall be allowed: i. Length and Depth: Unless otherwise determined or directed by any State agency having jurisdiction, the dock may extend into the water one hundred fifty feet (150 ); if the .depth of thirty feet (30 ) is not reached, the dock may be extended until a deptl1 of thirty (feet 30 ) is reached, provided the dock does not exceed two hundred fifty feet (250 ); and in the case of a marina adjacent to a designated harbor area, docks and associated breakwaters may extend to the greater of (a) the distance determined pursuant to the foregoing criteria, (b) the inner harbor line, or (c) such point beyond the inner harbor line as is allowed by the terms of a lease; license or other formal authorization approved by the Washington State Department.ofNatural Resources or. other agency with jurisdiction. ii. Width: The maximum width shall be twelve feet (12 ). iii. Location: Docks shall be placed· no closer than thirty feet (30 ) to a side property line: iv. Piers or Docks Associated with City Trails: Docks or piers which are associated or linked with City trails shall be no greater than necessary to serve the intended purpose and will be determined by the City on a case-by-case basis. h. Use of Buoys and Floats: . i. Buoys and Floats Encouraged: Where feasible, the use of buoys and floats for moorage, as permitted below under subsection ~K.12.h(ii) of this Section, may be allowed as an alternative to the construction of piers and docks. Such buoys and floats are to be placed as close to shore as possible in order to minimize hazards to navigation, including. reflectors for nighttime visibility. In no case shaH a buoy be located further from the shoreline than the allowable length for docks. ii. Requirements: Floats·shall be allowed under the following conditions: Floats shall·be anchored to allow clear passage on all sides by small watercraft. Floats shall not ~xceed a maximum of one hundred (100) square feet in size. A float proposed for jOint use between adjacent abutting property owners may not exceed one hundred f~ (150)square feet per residence .. A single family residence may only have one float. Floats shall not exceed a length of fifty feet (50') into the water beyond the ordinary high water mark, except public recreation floats. i. Variance to Dock and Pier Dimensions: Requests for greater dock and pier dimensions . than those specified above may be submitted as variance applications to the City's Land Use Hearing Examiner. Any greater dimension than those listed above may be allowed by the Land Use Hearing Examiner for good reason, which shall include, but is not limited Draft Best Available Science Regulation Amendments, July 13, 2004 128 • • • 4961 • 962 963 4964 4965 4966 4967 4968 4969 4970 4971 4972 4973 4974 4975 4976 4977 4978 4979 4980 4981 4982 4983 4984 4985 4986 4987 • 4988 989 990 4991 4992 4993 4994 4995 4996 4997 4998 4999 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 • 15 16 to, conditions requiring greater dock dimensions: The Examiner, in approving a variance request, shall include a finding that a variance request compiles with: i. The criteria listed in subsection ~K.12.c of this Section when approving such requests; and ii. The criteria specified in RMC 4-9-19014. 13. Recreation: a. Definition: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife. b. Public Recreation: Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: i. Accessibility to the water's edge is provided consistent with public safety needs and in consideration of natural features. ii. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community; and iii. Just compensation is provided to the owner for property acquired for the public use; and iv, It is designed to avoid conflicts with owner's legal property rights and create minimum . detrimental impact on the adjoining property; and . v. It provides parking spaces to handle the designed public use, and it will be designed to have a minimum impact on the environment. . c. Private Recreation: Private recreational uses open to the public shall be permitted only when the following standards are met: i. There is reasonable public access to the recreational uses, including access along the water's edge where appropriate. In the case of Lake Washington, significant public access shall be provided. ii. The proposed facility will have no Significant detrimental effects on acijacent abutting parce!s; and' , ' iii. Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. 14. Residential Development: Floating residences are prohibited. Residential developments shall be allowed only when: a. Adequate public utiiities are available; and b. Residential-str-tlGt1:1fes are set back inland from-tRe--erdinary high Vlater mark a minim1:!ffl-ef twenty five feet (2~+ or consistent 'NitfH;efuaG*-~sions of the Rent~ipal--GOOe, whffiRever proviGes-the-9feateF-setba6k-;-aRe~&n;s'liJ0g: Addressed in J4.J c. Density sJ:tatl-flet--ffiGfea~Ond the zoning-tlensity--otltl+nee in the R9flteA...Gt)mpfeJ:tensive Plan and Zoning Code.[~~;i,.: Zoning controls in any case.] . Draft Best Available Science Regulation Amendments, July 13, 2004 129 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 .5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 SQ. New residential developments shall be encouraged to provide public access. Unless deemed inappropriate due to health, safety or environmental concerns, new multi-family, condominium, planned unit developments, and subdivisions except.short plats, shall provide public access along the water's edge; in the case of Lake Washington, significant public access shall be provided. 15. Roads and Railroads: a. Scenic Boulevards: Shoreline roadways should be scenic boulevards where possible., b. Sensitive Design: Roadways and Railroads located in shoreland areas should shall be limited and allowed only if the following conditions are met: . . i. There is no other feasible alternative route with less impact on the environment; and ii. The facility is designed and maintained to prevent soil erosion and to permit natural . movement of groundwater. . iii. The crossing minimizes interruption of downstream movement of wood and gravel; and . .. . . . : . iv. Roads and railroads in buffer areas shall not run parallel to the water body; and v. Crossings occur as near to perpendicular with the water body as possible; and vi. Bridges are designed according to the Washington Department of Fish and Wildlife Fish Passage Design at Road Culverts. 1999. and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings. 2000. as may be updated. or equivalent manuals as determined by the Responsible Official; and vii. Seasonal work windows are determined and made a condition of approval; and viii. Mitigation for impacts is provided pursuant to an approved mitigation plan per Subsection J.2. rliinfogGte1 Based in part upon the State Example Code.] c. Debris Disposal: All debris and other waste materials from construction are to be disposed of in such a way as to prevent their entry by erosion into any water body. . d. Road Locations: Road locations are to be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary. 16. Stream Alteration: . a. Definition: Stream alteration is the relo~ation or change in the· flow of a river, stream or creek. A river, stream or creek is surface water runoff flowing in a natural or modified channeL b. Permitted Stream Alteration: i. Unless otherwise prohibited by subsection h-iGG-K.16c of this Section, stream alteration may be allowed subjeCt to the regulations in subsection b4-eG-K.16.d of this Section. ii. Stream alteration may be permit~ed if it is part of a public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies. Draft Best Available Science Regulation Amendments, July 13, 2004 130 • • 5066 • 067 068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 ~93 94 095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107' 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 e120 121 c. Prohibited Stream Alteration: i. Stream alteration is prohibited in unique and fragile areas, except if the stream alteration is part of a public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies. ii. Stream alteration solely for the purpose of enlarging the developable portion.of a parcel of land or increasing the economic potential of a parcel of land is prohibited. iii. Stream alteration is prohibited if it would be significantly detrimental to abutting or adjacent parcels. d. Regulations on Stream Alteration: 17. Trails: i. Engineering: All proposed stream alterations shall be designed by an appropriately State licensed professional engineer. The design shall be submitted to the Development Services Division as part of the application. ' ii. Applicant's Responsibility: The re~ponsibility rests solely' with the applicant to ' demonstrate the. necessity of the proposal. iii. Timing: The timing and the methods employed will have minimal adverse effects on aquatic life. iv. Pollution: Pollution is to be minimized during and after construction. v. Low Flow Maintenance: The project must be designed so that the low flow is maintained and the escape of fish at low water is possible. 'vi. Over-Water Cover: .No permanent over-water cover or structure shall be allowed unless it is in the public interest. ' a.Definition: For the purposes of the Shoreline Master Program, trails are a non motorized transportation route designed primarily for pedestrians and bicyclists. b. Permitted Uses: Trail uses shall be 'permitted within the shoreline, when the following standards are met:' , i. Prov'isions for ~aintenance operation and emergency. access have been provided .. ii. They link water access points. along the shoreline, or they link water access points along the shoreline with upland community facilities. iii. They are designed to avoid conflict with private property rights and to create the minimum objectionable impact on aejaGeffi.-abutting property owners. (Ord. 3758, 12-5- 1983, Rev. 7-22-1985 (Min.), 3-12~1990 (Res. 2787), 7-16-1990 (Res. 2805), 9-12-1993 (Min.), Ord. 4716, 4-13-1998) iv. Just compensation is provided to the owner for property to be acquired by the public. v. They insure the rights and privacy ofthe adjoining property owners. vi. Over-water structures required by the trails are determined to be in the public interest. Draft Best Available Science Regulation Amendments, July 13, 2004 131 I 5122 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 ,5143 5144 5145 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176 vii. They are designed with a surface material which will carry the actual user loads and' will have a minimum impact on the environment. viii. Additional Standards Applicable within the Natural Environment: (1) Within unigueand fragile areas, only public soft surface trails and/or public viewing platforms or areas may be allowed and must comply with all of the following: (a) The trial is authorized by the Renton Parks, Recreation, and Open Space Master Plan; (b) City permit authorization is granted indicating compliance with City Critical Area Regulations in RMC 4-3-050. (cl The Washington State Department of Fish and Wildlife has been consulted in design; 'Cd) The trail is seasonally restricted in public use as necessary to protect ,Federal, State, or locally listed wildlife and fish species; (e) Trail widths shall be a maximum width of twelve (12) feet. (2) Hard surface trails when located on existing rights cif way, and outside of unique and fragile areas, and meeting the remaining provisions of this subsection, 4-3-090.K.17, Trails. [§B1Wls"thfM Follows from discussion of SMP Map amendments in March 8, 2004 memo under separate cover.l 18. Utilities: a. Native Vegetation: The, native vegetation shall be maintained whenever possible. When utility projects are completed in the water or shoreland, the disturbed area shall be restored and landscaped as nearly as possible to the original condition, unless new landscaping is determined to be more desirable. ' , ' b. Landscaping:' All vegetation and screening shall 'be hardy enough to withstand the travel of , service trucks and similar traffic in areas where such activity occurs. c. Screening of Public Utilities: When a public utility building, telephone' exchange, sewage pumping operation ora public utility is built in the shoreline area, the requirements of this Master Program shall be met and the following screening requirements shall be met. If the requirements of subsection ~K.18.a of' this Section, Native Vegetation; aM the requirements of this ' subsection are in disagreement, the re,quirements of ,this subsection shall take precedence. , , ' , , i. If the installation is housed in a, building, the building shall conform architecturally with , ' the surrounding buildings and area~ or with the type of building that will develop due to the zoning district. ' ii. An unhoused installation on the ground or a housed installation that does not conform with subsection lASGK.18.c(i)of ,this Section shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five (5) years. , ' ' Draft Best Available Science Regulation Amendments, July 13, 2004 132 • '. • 5177 • 178 179 5180 5181 5182 5183 5184 5185 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 • 5204 05 206 5207 5208 5209 5210 5211 5212 5213 - 5214 5215 5216 5217 5218 5219 5220 5221 5222 5223 5224 5225 5226 5227 5228 5229 5230 • 31 32 iii. An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed with an eight foot (8 ) high open wire_ fence. Such installations shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier except at entrance gate(s}, within five (5) years. d. Special Considerations for Pipelines:-Installation and operation of pipelines shall protect the natural conditions of adjacent abutting watercourses and shorelines. i. Water quality is not to be degraded to the detriment of marine life nor shall water quality standards be violated. ii. Native soils shall be _ protected from erosion and natural conditions restored. Watercourse banks and bottoms shall be protected, where necessary, with suitable surface treatment. , iii. Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valves at each side of the water crossing. - iv. All petro-chemical or toxic material pipelines shall be constructed in accordance with the regulations of the Washington State. Transportation Commission and subject to review by the City Public Works Department. e. Major Utilities -Specifications: i. Overhead High Voltage Power Lines: Structure of overhead power lines should be single-pole type or other aesthetically compatible design. Joint use docks and piers may extend to eighty feet (80 ) beyond the ordinary high water mark or-to a depth of twelve feet (12 ), whichever is reached first. ii. Electrical Distribution Substations: Electrical distribution substations shall be at a shoreland location only when the applicant proves there exists no other site out of the shoreland area and when the screening requirements of subsection b4-8G-K.18.c of this Section are met. iii. Communications: This Section applies to telephone exchanges including radar transmission installations, receiving antennas for cable television and/or radio, and any other facility for the transmission of communication systems. Communications installations may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area and when the screening requirements of subsection b-1-8&K.18.c of this Section are met. In an aesthetic interest, such installations shall be located as far as possible from _ reSidential, recreationai, and commercial activities. iv. Pipeline Utilities: All pipeline utilities shall be underground. When underground projects are completed on the bank of a water body or in the shoreland or a shoreline, the disturbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. v. Public Access: All utility companies shall be asked to provide pedestrian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are located near. recreational or public use areas, utility companies shall be encouraged to provide said rights-of-way as parking or other public use areas for the adjacent-abutting public use area. . Draft Best Available Science Regulation Amendments, July 13, 2004 133 5233 5234 5235 5236 5237 5238 5239 5240 5241 5242 5243 5244 5245 5246 5247 5248 5249 5250 5251 5252 5253 5254 5255 5256 5257 5258 5259 5260 5261 5262. 5263 5264 5265 5266 5267 .5268 5269 .. 5270' . 5271 ·5272 5273 5274 5275 5276 5277 5278 5279 5280 5281 5282 5283 5284 5285 vi. All Inclusive Utility Corridor: Vllhen it is necessary for more than one-major utility to go along the same general route, the common use of a single utility right of way is strongly encouraged: It would be desifaGle to include railroad lines ' .... ithin this right of way also. ~~~: see new subsection g below.] . f. Local Service Utilities, Specifications: i. Waterlines: Sizes and specifications shall be determined by the Public Works Department in .ac~ordance with American \Jllater Works i\ssociation (AVVWA) guidelinesCity standards. ii. Sanitary Sewer: The existence· or use of outhouses or privies is prohibited. All uses shall hook to the municipal sewer system. There shall be no septic tanks or other on-site sewage disposal systems. Storm drainage arid pollutant drainage shall not enter the sanitary sewer system. During construction phases, commercial sanitary chemical toilets may be allowed only until proper plumbing facilities are completed. All sanitary sewer pipe sizes and materials shall be approved by the Renton Planning/Building/Public Works Department and METRO. iii. Storm Sewers: A storm sewer drainage system shall be required. Pretreatment of storm runoff or diversion to sanitary sewers may be required to keep deleterious substances out of neighboring watercourses. Storm sewer sizes and specifications shall be determined by the Public Works Department in accordance with A.P.W.A. guidelinesCity standards. iv. Discharges of Pollutants and Petroleum products: Agency . Review: Discharges of pollutants into watercourses and groundwater shall be subject to the Washington State Department of Ecology, Corps of Engineers, and the Environmental Protection Agency for review of permits for disc~arge. Oil Separations:. These units shall be required at sites that have oil waste disposal into sanitary or storm sewer. These units shall be built to Municipality of Metropolitan Seattle (METRO) or State of Washington Department of Public Health specifications. . . Petr~leum· Bull< Storage and Distribution: Petroleum facilities shall hereafter not be allowed. . . .. . . . . . g. All Inclusive Utility Tunnels: For the distribution of local utilities, utilitytunnels under the street right of way are recommended to carry all local utility services. For new development, the tunnel could be built at the time of road construction. The tunnel would include all utility services, both public and private, necessary for use in the public right of way, such as '<\firing for street lighting and wateHJ.nes for fire hydrants ana all utility services necessary for the private uses of the area .. (Ora. 3758, 12 5 1983, Rev. 7 22 1985 (Min.), 3 12 1990 (Res. 2787), 7 16 1990 (Res. 2805), 9 12 1993 (Min.), Ord. 4716, 4 13 1998) . g. Local and Major Utilities -Location and Crossings: Local and Major Utilities shall be designed and developed according to the following criteria and meeting mitigation criteria of K.9: i. Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and ii. The Utility is designed consistent with one or more of the following methods: (8) Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or Draft Best Available Science Regulation Amendments, July 13, 2004 134 • • • 5286 .287 5288 5289 5290 5291 5292 5293 5294 5295 5296 5297 5298 5299 5300 5301 5302 5303 5304 5305 5306 _07 08 309 5310 5311 5312 5313 5314 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 • (b) The utilities shall cross at an angle greater than sixty (60) degrees to the centerline of the channel in streams or perpendicular to the channel centerline; or (c) Crossings shall be contained within the footprint of an existing road or utility crossing; and iii. New -utility routes shall avoid paralleling the stream or following a down-valley course near the channel; and iv. The utility installation shall not increase or'decrease the natural rate of shore migration or channel migration; and v. Seasonal work windows are determined and made a condition of approval; and vi. Mitigation for impacts is provided pursuant to an approved mitigation plan per Subsection J.2. rEait"tMl,\SItwt'e1 Based in part upon the State 'Example Code.] Mh. VARIANCES AND CONDITIONAL USES: See RMC 4'-9-1901. (Ord. 4722, 5-11-1998) N. ,J\..MENDMENTS TO SHORELINE MASTER PROGRAM: 1. Time: The City shall re'iiew this Master Program every four (4) years hereafter, or sooner if necossary. (Om. 3758, 12 5 1983. Re'/. 722 1985 (Min.), 3 12 1990 (Res. 2787), 7 16 1990 (Res. 2805),9 12 1993 (Min.), Ord. 4716, 4 13 1998) 2. Review Process: Any amendments to this Master Program shall be reviewed first by the Planning Commission, which shall conduct one public hearing on the proposed amendment. The Planning Commission ,shall make a recommendation to the City Council, which may hold one pblblic hearing before making a determination. Any proposed amendment shall' be sblbmitted to the IJ.lJashington State Department of Ecology for approval in accordance with the Shoreline Management Act of 1971. (Ord. 3758,12 5'19B3, Rev. 7 22 19B5 (Min.), 3 12 1990 (Res. 27B7), 716 1990 (Res. 2805). 9 12 1993 (Min.), Om. 4716, 4 13 199B) rEGirt>rai.itste: See subsection C.] " OM. VIOLATIONS AND PENALTIES: See RMC 1-3-1C. (Ord. 4722, 5-11-1998) PN. APPEALS: See RMC 4-8-110H. (Ord. 4722, 5-11-1998) Draft Best Available Science Regulation Amendments, July 13, 2004 135 I 5326 5327 5328 5329 5330 5331 5332 5333' 5334 5335 5336 5337 5338 5339 5340 5341 5342 5343 5344 5345 5346 5347 5348 5349 5350 5351 5352 5353 5354 5355 5356 5357 5358 5359 5360 5361 5362 5363 5364 5365 5366 5367 5368 5369 5370 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 4-4-130 TREE CUTTING AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations fpr the clearing of land and the, protection and preservation of trees and associated significant vegetation.o for the following purposes The purposes of these regulations are to: 1. To preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees and ground cover; . 2. To implement and further the goals and poliCies of the City's Comprehensive Plan for the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics;-~aAG 3. To promote building and site planning practices that are consistent with the City's natural topographical and vegetational vegetative features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures ,and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable. enjoyment of property may require the removal of certain trees and ground cover; 31. To ensure prompt development, restoration and replanting, and effective erosion control of property during and after land clearing; 4§. To promote land development practices that result in a minimal adverse disturbance to existing vegetation and soils within the City; a§. To minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and to minimize erosion and sedimentation, and minimize the need for additional storm drainage facilities caused by the destabilization of soils; . SI. To retain clusters of trees for the abatement of noise and wind protection; and 1!!. To'recognize that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxidOi.o ' 8. To preserve and enhance \\'ildlife and habitat including streams, riparian corridors, wetlands and groves of trees. ~'fl.smM: Addressed by critical areas ordinance.] , . , B. APPLICABILITY: The regulations of this Section apply to any developed, partially developed or undeveloped property where land development or routine vegetation management activities are undertaken. C. EXEMPTIONS: The following activities are exempt from routine vegetation management permit requirements, and may· be authorized without an associated land development permit; however, the activities must be conducted in accordance with stated requirements: 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private· utility in emergency situations involving immediate danger to life or property, SUbstantial fire hazards, or interruption of services provided by a utility. 2. Dead, Dangerous, or Diseased Trees: Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazard trees which have been certified as such by a forester, registered Draft Best Available Science Regulation AmehdmEmts, July 13, 2004 . 136 • • • 5382 • 383 384 5385 5386 5387 5388 5389 5390 5391 5392 5393 5394 5395 5396 5397 5398 5399 5400 5401 5402 5403 5404 5405 5406 5407 5408 .: 09 10 411 5412 5413 5414 5415 5416 5417 5418 5419 5420 5421 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431 5432 5433 5434 5435 .436 landscape architect, or certified arborist, selection of which to be approved by the City based on the type of information required, or the City prior to their removal. 3. Maintenance Activities/Essential Tree Removal -Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way and easements, and parks. 4. Installation of SEPA Exempt Public or Private Utilities: Installation of distribution lines by public· and private utilities provided that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5. Existing and Ongoing Agricultural Activities: Clearing associated with existing and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions. 6. Commercial Nurseries or Tree Farms: Clearing or cutting of only those trees which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical areas would be affected, in which case see C12 and C13. . 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities including the use of mechanical equipment to perform site investigative work provided the work is conducted in accordance with the following requirements. a. Investigative work should not disturb any more than five percent (5%) of any protected sensitive area described in subsection 02 of this Section, Restrictions for Critical Areas, on the subject property. In every case impacts shall be minimized and disturbed areas restored . . b. In every location where site investigative work is conducted, disturbed areas shall be minimized,:and immediately restored. c. A notice shall be posted on the site by the property owner or owner's agent indicating tliat site investigative work is being conducted, and that the work must minimize disturbance to the critical areas identified in subsection 02 of this Section, Restrictions for Critical Areas. d. No site investigative work shall commence without first notifying the Director or designee in advance. .. 9. Allowabl.e Minor Tree Cutting Activities: Tree cutting and associated use of mechanical equipment is permitted as follows, except as provided in subsection 02 of this Section, Restrictions for Critical Areas: a. On a developed lot or on a partially developed lot less than one-half (1/2) of an acre any number of trees may be removed; , . b. On a partially developed lot greater than one-half (1/2) of an acre or on an undeveloped lot provided that: i. No more than three (3) trees are removed in any twelve (12) month period from a property under thirty five thousand (35,000) square feet in size; and ' ii. No more than six (6) trees are removed in any twelve (12) month period from a property over thirty five thousand (35,000) square feet in size. . Draft Best Available Science Regulation Amendments, July 13, 2004 137 I 5437 5438 5439 5440' 5441 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 " 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5474 ,5475 5476 5477 5478 ' 5479 '5480 5481 5482 5483 5484 5485 5486 ' 5487 5488 5489 5490 . ' iii. Rights-of-Way Unobstructed: In conducting minor tree cutting activities, rights-of-way shall not be obstructed. ' 10. Landscaping or Gardening Permitted: Land clearing in conformance with tile provisions of , subsection C9 of this Section, Allowable Tree Cutting Activities, and subsection D2, Restrictions for Critical Areas, is permitted on a developed lot for purposes of landscaping or gardening. Land clearing in conformance with the provisions of subsection C9; Allowable Minor Tree Cutting Activities, and subsection D2, Restrictions for Critical Areas, is permitted on a partially' developed or undeveloped iot for purposes of landscaping or gardening provided that no mechanical equipment is used. ,11. Operational Mining/Quarrying:' Land clearing and tree cutting associated with, previously approved, operational mining and quarrying activities. Regulations. revisions.) 13. Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right-of-Way or Easements: Within existing and improved public road rights-of-way or easements, installation, construction; replacement. operation, overbuilding, or alteration of all natural gas, Cable, communication, telephone and electric facilities, lines pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable, restoration of disturbed areas'shall be completed. rfE?:nf8lS!i~ Makes this consistent with RMC 4-3-050 and allows work within improved rights-of-way, while #12 allows 10% increase beyond improved areas.) D. PROHIBITED ACTIVITIES: 1. Prohibited Activities: There shall be no tree cutting or land clearing on any site for the sake of ' preparing that site for future development unless a land development permit for the site has been approved by the City. " " ' " 2. Restrictions for Critical Areas:'" General: Unless exempted by critical areas, Section 4-3- 050·.C.5 'or Shoreline. Master Program Regulations, Section 4-3-090, nNo tree cutting, or land clearing, or groundcover management is permitted: a. 6n portions of property with identified and protected critical habitats, per RMC 4-3-050.K; streams and lakes; per RMC 4-3-050.L; Shorelines of the State, per RMC 4-3-090, Renton Shoreline Master Program Regulations; arid wetlands, per RMC 4-3-050.M; and their associated buffers; b. On protected slopes except as allowed in this Section or in the Critical Areas Regulation, RMC 4-3-050; or " C. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. ' . Draft Best Available Science Regulation Amendments, July 13, 2004 138 • • • 5491 ".492 493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509 5510 5511 5512 5513 5514 5515 , 5516 5517 . • 5518 19 520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 '.545 Buffer requirements shall be consistent with the critical area regulations. Tree cutting or land clearing shall be consistent with established native growth protection area requirements of RMC 4-3- ()'wG050E.4. 3. Restrictions for Native Growth Protection Areas: Tree cutting or land clearing shall be consistent with established native growth protection area requirements of RMC 4-3-050E.4. 3. RestrictioRs for Critical Areas RObltiRe VegetatioR, MaRagemeRt Permits: In aadition to the prohibitions of subsection 02 of this Section, no tree cutting, land clearing or groundcover management, e>«cept for enhancement purposes or otherwise permittea by this Section, shall be allo\\'ea per a routine vegetation management permit in the following cases: a. In wetlanas ana their buffers; and b. Riparian corriaors including a minimum buffer area of twenty five feet (25 ) from the ordinary high '""ater mark of the creek or stream and in the two hundred foot (200 ) State shoreline area. SrtGil~: Addressed by 0.2.1 4:-RestrictioRs for Criticalkeas baRd DevelopmeRt Permits aRd ~bliidiRg Permits: In aaaition to the prohibitions of subsection 02 of this Section, no tree cutting, lana clearing or groundcol/er management, e>«cept for enhancement purposes or othol\\!iso permitted by this Soction, shall be allowed per a land development or building permit in the following cases: a. In a 'Netland; and b. VVithin a minimum of t\t,lenty five feet (25 ) of the ordinary high " .. ater mark of creeks, streams, lakes and other shoreline areas or within fifteen feet (15 ) of the top of the bank of same, nor should any ~echanical equipment operate i~ .s.uch £!~~!:a=et for the development of public parks and trail systems and enhancement actiVities. ~~~ote: Addressed by 0.2.1 E. AUTHORITY AND INTERPRETATION:, The City's Development Se~ices Division Director, or his duly authorized representative, is hereby authorized and directed to interpret and enforce all the provisions of this Section. F. PERMITS REQUIRED: 1,. Land Developm'ent Permit: An approved land development permit is required in order to conduct tree cutting or land clearing on any site for the sake of preparing that site for future development. 2. Permit Required for Routine Vegetation Management on Undeveloped PropertJes: Any person who performs routine vegetation management on undeveloped property in the City must obtain a routine vegetation management permit prior to performing such work. 3. Permit Required to Use Mechanical Equipment:, Except where use of mechanical equipment is specifically listed as exempt, any person who uses mechanical equipment for routine vegetation management, land clearing, tree cutting, landscaping, or gardening on developed, partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. 4. Timber Stand Maintenance -Conditional Use Permit Required: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing maintenance and thinning beyond the limits allowed in subsections subsection C9 of this Section, Allowable Tree Cutting Activities, shall be considered as a conditional Draft Best Available Science Regulation Amendments, July 13, 2004 139 I· 5546 5547 5548 5549 5550 5551 5552 5553 5554 5555 5556 5557 5558 5559 5560 5561 5562 5563. 5564 ·5565 5566 5567 5568 5569 . 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 5581 5582 5583 5584 5585 5586 5587 5588 5589 5590 5591 5592 . 5593 5594 5595 5596 5597 5598 5599 5600 5601 use permit, by the Hearing Examiner according to the following criteria in lieu of s.iandard conditional use permit criteria: a. Appropriate approvals have been sought and obtained with the State Department of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees;. and c. The activity shall meet the provisions of subsections H2, Applicability, Performance Standards, and Alternates, and H3, General Review Criteria, of this Section; and . d. Thinning activities shall be limited to less than forty percent (40%) of the volume and trees. 5. Tree Cutting -Solar Access or Pasture Land: A routine vegetation management permit is required for tree cutting in greater amounts than specified under partially exempt actions in. subsection C2 of thil:; Section, Allowable Tree Cutting Activities, for any property where tree cutting is proposed without an associated land development pel111it. A routine vegetation management permit may be issued allowing tree cutting only in the following cases: a. For purposes of allowing solar access to existing structures; or b. To create pasture land where agricultural activities are permitted uses in the zone. Any tree cutting activities shall be the minimum necessary to accomplish the purpose, and shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas. G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits. (Amd. Ord. 4963, 5-13-2002) . H. PERFORMANCE STANDARDS FOR LAND DEVEL()PMENT/BUILDING PERMITS: 1. Plan Required: When a development permit is submitted to the City ilshall be accompanied by a ··Iand clearing. and tree cutting plan. Where it is not practicable to retain all trees on site due to a . proposed development, the plot plan shall identify those trees which are proposed for removal. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plot plan. Trees shall be shown on the plan as follows: a. For allowed activities, including allowed exemptions, modifications, and variances, show all trees proposed to be cut on priority tree retention areas: slopes twenty five percent (25%) or greater, high or very high landslide areas, and high erosion hazard areas. . b. Show trees to be cut in protected critical areas: wetlands, shorelines of the state, streams and lakes, floodways, slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas. regulations in RMC 4-3- 050C5, SpeCific Exemptions . c. Show all trees to be retained in critical area buffers. Eh-Show trees to be Gut along shorelines,streams~ and lakes and in their buffers. jEmjtGi},S~tN:m'~: . Addressed by b.J . . eQ. Show trees proposed to be cut within required· zoning setbacks along· perimeter of development. Draft Best Available SCience Regulation Amendments, July 13, 2004 140 • • •• 5602 • 603 604 5605 5606 5607 5608 5609 5610 5611 5612 5613 5614 5615 5616 5617 5618 5619 5620 5621 5622 5623 5624 5625 5626 5627 5628 5629 • 630 . 631 5632 5633· 5634 5635 5636 5637 5638 5639 5640 5641 5642 5643 5644 5645 5646· 5647 5648 5649 5650 5651 5652 5653 5654 5655 .656 f.g. In all other areas of the site, trees to be cut can be indicated generally with clearing limits . (Amd. Ord. 4963,5-13-2002) , . 2. Applicability. Performance Standards and Alternates: All land clearing and tree cutting activities shall conform to the criteria and performance standards set forth' in this Section unless otherwise recommended in an approved soil engineering, engineering geology, hydrology or forest management plan and where the alternate procedures will be equal to or superior in achieving the policies of this Section. AII)and clearing and tree cutting activities may be conditioned to ensure that the standards, criteria, and purpose of this Section are met. 3. General Review Criteria: All land clearing and tree cutting activities shall meet the following criteria: a. The land clearing and tree cutting will not create or significantly contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction. ' b. The land clearing and tree cutting will not create or significantly contribute to flooding, erosion, or increased turbidity, siltation or other form of pollution in a watercourse. c. Land· clearing and tree cutting will be conducted to maintain or provide visual screening and buffering between land uses of differing intenSity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code: d. Land clearing and tree cutting shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an approved build-out schedule and including any necessary erosion control measures. ' e. Land Clearing and tree cutting. shall be consistent with subsection D2 of this Section, Restrictions for Critical Areas, and RMC 4-3-050, Critical Areas Regulations. 4. Tree Preservaticm: Trees shall be maintained to the maximum extent feasible on the pro'perty where they are growing. a. Ability to Conditi~n Plan: The City may require a modification of the land clearing and tree cutting plan or the associated land development plan to ensure the retention of the maximum number of trees. ' b. Clearing -Conditions of Approval: The Department Administrator or designee may condition a proposal to restrict clearing outside of building sites, rights-of-way, utility lines and easements,' to require sequencing and phasing of construCtion, or other me,asures, consistent with the permitted density and intensity of the zone. 5. Nathle Gro\vth Protection Areas: Native growth protection areas may be established through the subdivision process: or via another-land de~rnent permit pursuant to-the critical areas regulations aM RMC 4 3 050G, and in envir-Gflmentally-GFitlcal areas including but not-f.im.it-ed-tG the followiffg area: a buffer area from the annual higtHNater mark of creeks, streams, lakes and other sJ::ler-eiffie aFe3S or from the top of the bank Gf-same,whiGRe~s good resoufGe-f)feteGtieR-:-g."s 11m: Addressed by Critical Areas Regulations for all critical areas.] 6§. Timing: The City may restrict the timing of the land clearing and tree cutting activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment. Draft Best Available Science Regulation Amendments, July 13, 2004 141 I • 5657 5658 5659 5660 5661 5662 5663 5664 5665 5666 5667 5668 5669 5670 5671 5672 5673 5674· 5675 5676 5677 5678 5679 5680 5681 ·5682 5683 5684 5685 5686 5687 5688 5689 5690 . 5691 5692 5693 5694 5695 5696 5697 5698 5699 5700 5701 5702 5703 5704 5705 5706 5707 5708 5709 5710 5711 5712 7§. Restrictions for Critical Areas: See subsection 02 of this Section, Prohibited Activities and RMC 4-3-050, Critical Areas Regulations. SZ. Tree/Ground Cover Retention:· The following measures may be used by the Department Administrator or designee in conditioning a land development permit or building permit proposal per subsection H4 of this Section, Tree Preservation, to comply with the general review criteria. of subsection H3. a. Trees shall be maintained to the. maximum extent feasible on the property where they are growing. b. The City may require and/or allow the applicant to relocate or replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. c. Priority shall be given to retention of trees on sensitive slopes and on lands classified as having high or very high landslide hazards, or high erosion hazards as classified in the critical areas regulations .. d. Where feasible, trees which shelter interior trees or trees on adjacent abutting properties from strong winds that could otherwise cause them to blow down should be retained. e. Except in critical areas unless enhancement activities are being performed, the removal of trees on the following list should be allowed in order to avoid invasive root systems, weak wood prone to breakage, or varieties which tend to harbor insect pests: i. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italica"), etc. ii. AlIAlnus species which includes red alder (Alnus oregona),blackalder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. . iii.· Salix species which includes weeping· willoW (Salix babylonica), etc., unless along a stream bank and away from paved areas. . iv. All Platanus species which include London plane tree (Platanus acerifolia), American, sycamore, buttonwood (Platanus occidentalis)~ etc. ~. Protection Measures During Construction: a. Tree Protection Measu'res: Protection measures in. subsections H9b(i) through H9b(vi) shall apply for all trees which are to be retained in areas immediately subject to construction. These requirements may be waived pursuant to RMC 4-9-2500, Modification Procedures, individually or severally by the City if the developer demonstrates them to be inapplicable to the specific on-site conditions or iUhe intent of the regulations will be implemented by another means with the same result..·· . .. b. Drip Line: All of the following tree protection measures.shall apply: i. The applicant may not fill, excavate, stack or store any equipment, or compact the earth in any way within the area defined by the drip line of any tree to be. retained. . . . . ii. The applicant shall erect and maintain rope barriers or place bales of hay on the drip line to protect roots. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. Draft Best Available Science Regulation Amendments, July 13,2004 142 •• • • 5713 .-714 ~15 5716 5717 5718 5719 5720 5721 5722 5723 5724 5725 5726 5727 5728 5729 5730 5731 5732 5733 5734 5735 5736 5737 5738 5739 5740 '.41 42 5743 5744 5745 5746 5747 5748 5749 5750 5751 5752 5753 5754 5755 5756 5757 5758 • iii. If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line. iv. The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained. v. The grade level around any tree to be retained may not be lowered within the greater of the following areas: (1) the area defined by the drip line of the tree, or (2) an area around the tree equal to one foot in diameter for each one inch of tree caliper. vi. The applicant shall retain a qualified professional to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover which are to be retained. I. VARIANCE PROCEDURES: The Hearing Examiner shall have the authority to grant variances from the provisions of this Section pursuant to RMC 4-1-050Ftq and RMC 4-9-250. J. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accord with RMC 1-3-2. In a prosecution under this Section, each tree removed, damaged or destroyed will constitute a separate violation, and the monet~ry penalty for each violated tree shall be no less than the minimum penalty, and no greater than the maximum penalty of RMC 1-3-?D. 2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit issued pursuant thereto shall be liable for all damages to public or private , property arising 'from such violation, including the cost of restoring the affected area to its conditi.on prior to such violation. , ' ' 3. Restoration Required: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved speCies such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures which shall be required as determined by the City. 4. Replacemel1t Required: The City may require for each tree which was improperly cut and/or removed, replacement planting of a tree of equal size, quality and species or up to three (3) trees of the same species in the immediate vicinity of the tree(s) which was removed. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s) or a minimum of three inches (3 ) in ~~ , 5. Stop Work: For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. (Ord. 4219, 6-5-1989; Amd. Ord. 4835,3-27-2000) Draft Best Available Science Regulation Amendments, July 13, 2004 143 5759 4-8-120 SUBMITTAL REQUIREMENTS'~ SPECIFIC TO APPLICATION TYPE: 5760 5761 5762 5763 5764 5765 I The following tables list the submittal requirements for each type of permit application or land use approval which must accompany the required application fees specified in RMC 4-1-14qthrough 4-1-200. ' A. Table 4-8-120A -Public Works Permit Submittal Requirements. 8. Table 4-8-120B -Building Section Permit Submittal Requirements. C. Table 4-8-120C -" Land Use Permit Submittal Requirements. PUBLIC WORKS I' " TABLE 4CS-120A APPLICATIONS 'r' --::---~":':'l'r-' ~----:-llr' ----= ·r'-----······ Ii If ITYPE OF APPLICATION/PERMIT Utility Construction Permit (Sewer and/or Water) Stormwater Construction' Permit Roadway Construction Permit Combined 'IIAPA Operating IIAPA Closure Permit Permit Permit (Includes Plats) I Jl . I i I I SUBMITTAL \ I 11~~T~_" -------------------------------------. -----------------------. -----------~ l<:::lo..S.~!~ p~rmit Applicati9n F~rm ,JIll " II 1/ " . 1 (b) l ItConstruction Permit Application Form II 1 .' II 1" II' 1 ,II ' 2" " I l<:::gl.1~!r .. ~~_t~n_~iti9C!!i~I.1_Des.~!~on __ ~ __ ~_ =:]1 3 ~C ' 3 . Ie 3 JL 4 II __ JL ) [gi~~;~e Plans JI. II . 3 II 3 II 3 II II I 1~~~.i .. ~~~~ .. ~~P~~_ .. _ ...... ,...... _ .. ,~L =oJL 2 II 2 JI 2 II ___ ,JL. ,; ,..I 1~~~~:~(!~~PO~ry)_ --~F . :11 ! ~I 3 If ~ _ 11----------Jr ---I DwestAvaiiable Science Regulation Amendments, July13, 2004 • .4 • • • r'''"······-···-·"·--.. ~--·-·--·-'··--.. ·---TABLE 4.8 .. 120,6. !.----------,,-----------., II PUBLIC WORKS " APPLICATIONS I \ TYPE OF APPLICATION/PERMIT Utility Construction Permit Stormwater Construction Permit Roadway Construction Permit Combined IIAPA Operating IIAPA Closure Permit Permit Permit (Includes Plats) I I (Sewer and/or Water) IISUBMITTAL I REQUIREMENTS IgECl9.i~lLPI.a~.~...... .. """"".__" _____ : ________ .. _ ...... ] I . JL ~. _ ][ _ __3" ___ JL ______ "._.'.!. _____ JL_. ___ . ________ ".JC=~~==~~.] bCl~C1.r.9.~.~s _~a_~":~!.als Management statemeiJl 1 (b) II 1 (b) II 1 (b) II 1 (b) II =wi I ._ j 1~~rir~o9 petCl~~.M~p _____ ~ JL .. 3.. -'I 3 IL 3 JI_._2.. .. __ JL_ .. _________ .. _.JL. __ .. _ .... __ ...... J 1~~~~f~"=1dE:1bjtdt':jD II 'L .. _ .... _ .. __ .. _.,, ____ JL IL 3 JL __ ~_:=JL_ .JL.. __ .. _, .. J l§ii-~;~ .. ~-;;dL~k;;;D~t~·-.. ----· " ...... -·~I 1(0 II 1(0 II . 1(0 II 1(0 II IL ~ h:?pgg~C1P~Y~ClP._"_ ". __ ... __ ..... _, "._. ...11 3 '_11. 3 II 3 .11 4 IL __ __ __ __ JI.____ _ ] l;:ro~~~;ng~nVenlo~/Land Clearing Plan _. I 3 II 3 II 3 II 3 II II I 1Y..!!!~~~_~~~ineered _'_ ]I 3 ]I 3' II 3' II 4 ~[ 1l _____ J 1 [Y.Y~,tl~2gc~;,B;R?;r¥'OElI.i~.El.C1!~(l~._ .. """_ ...... "........................ __ J L ____ ._1.1C1L._ .... _ ..... JI .. __ .. __ . .!~. __ ,JI .... _._..1{~._J 1 .. _. __ . ___ ~JCll .. _~ 1 .. _ .... _____ . ___ .... _ .... _ ..... .11_ ....................... =:===,J, T bl 4 8 120A i The number of copies required (if any) is Indicated for each type of application and each submittal requirement, unless waived by the 'I a e _--! Development Services Division Plan Review Supervisor. Waiver of aquifer permit submittal requirements may be granted by the Water I Legend, : Utility . I _. J -------" ---.... " ....... -". ,. • ____ ........ " ... __ ... i[(a')R~q~i;~-~hen wEltland~.(lr bu~er .a~~ pre~.El.~!.(ln-~!!~. . . __ .. ..1 Draft Best Available Science Regulation Amendments, July 13, 2004 145 5766 5767 • • • II--p-U-B-LI-C-W-O--R-K-S' -I' ". TABLE 4·8·120A i "r--l' "t-iiil -Ir===~== I I . "" ,I APPLICATIONS I j SUBMITTAL I 'IREQUIREMENTS i _._------- Utility Construction TYPE OF Ilpermit APPLICATION/PERMIT (Sewer and/or Water) Stormwater Construction . '''Permit Roadway Construction Permit Combined Permit. IIAPA Operating IIAPA Closure (Includes Plats) Permit Permit (b) Required when project is located in Zones 10r 2 of an aquifer protection area. . . . (cl A Standard Stream or Lake Reconnaissance is required for any application proposal. A Supplemental Study is required if an unclassified stream is involved, or ~f th~~~_~.~e 1?!~8ose9 al!.er~tio~~. of the water body or buffer... . ... _._ _ __ .. __ .. ___ ._._.__..._ ... A (Ord. 4587. 3-18-1996; Amd. Ord. 4851. 8-7-2000) 5768 B :1 T A.;::.B=LE=-..:...4 • ..=,S.-.;.1=.;20:.:B:....· ~_~_--:-_---:-_---;-_-;----;-~--;--_-;-_--, BUILDING APPLICATIONS SUBMITTAL REQUIREMENTS z o ~ U :::; D. D. 0( LL 01::: UJ:::ii: D.O:: ~~ [Applicant Agreement Statement (for wireless communications facilities only) Draft Best Available Science Regulation Amendments. July 13. 2004 ,. e o E "0 E C\) c u: C, e :c E (!) .S: ~ ~ C\) nI ED. o C\) J: E o J: "C"C E E ::l ::l UU .l!.l! ::l ::l e e nI nI :!::!: C\) "C I ia E C\). ti 'i: o~ .:3 ti J:'" "C :::I U .EIII"C .l! :::: e e :::I nlO-e '-.-nI ~ :!:: :!: C\)"C "C E"C C\) Eo( ~ '0 ~ ~ :::I ~ 0 0 ... nI U' ~ C\)D. >.~ '5:2 C\) • .!.::z eJ!lE~E_ nI :::I 0 ... nI nI :!: 0 J: :!: LL 'i: 3 a; "C _0 iaE 'CjC\) ~O:: C\) ~ E 0 E 'i: o.!l u.E nI c.. en -"0 o D. e Cl en ~ C\) Z >< C\) Q. :::I C >. :: III E e nI 0 LLE C\)"C -"C ~« ,-~ en 0 ~ E nI LL • E :::I :!:-_ C\) »"C :: 0 146 E E nI C\) LL.O:: ~ C\) 0 o,'i: e C\) ,-.... (J).E • • • 'I TABLE4-8-120B I I L I, BUILDING APPLICATIONS Draft Best Available Science Regulation Amendments, July 13, 2004 .-,z o ~ o ::; D. D. cs: LL 01::: UJ:E D. et:: .' ~UJ D. c:: 0 E '0 E CII 0 .5 .¥ a.. CII ra ED. o CII :x:E 0 :x: 'a 'a CII CII a.. a.. u: ::J ::J .... -u u Cl ra ra c:: ........ 'a ::J ::J ra c:: c:: a.. ra ra (!) :E:E 1 ~ CII Z ~ Q. ::J o >. =cn E c:: ra 0 LL;E CII'a -'a ~cs: .-a.. (/) 0 1 ~ 'E ra LL I E ::J :E-_ CII >0 'a :: 0 E E ra CII LLet:: a.. CII 0 c,';: c::.CII .-.. . (/) .5 2 147 " 1 • • T ABLE4-8-120B I, BUILDING APPLICATIONS . Draft Best Available Science Regulation Amendments, July 13, 2004 -z o .~ o :::i D. D. ~ • 1 ~ 148 • • • >lJed awoH paJnl:>eJnuew JO ap!Slno awoH paJnl:>eJnuew UO!lIlOWaa ..... al o N ~ ----------------------~--~ .. ~-+--~ CO -d-l.IWH3d w INOll. V:ll1ddV :10 3dA.1 ..J alL-----------4 <C I- (/) Z o ~ o ::::i Il. Il. « (!) z C ...J :::I [C "0 Q) > o ~ « ..... Q) CI III Q. CI C .~ o .E Q) Q) ~ o '<:t o o N C") ..... >. "S -, Vl C Q) E "0 C Q) E « c "Q co "S OJ Q) c:: Q) u c Q) "(3 (f) Q) :0 ~ Oro > « iii Q) CD .:::: CO .L.. o • .' •• TABLE 4-8-120C IR, dno~~ I .... .I,." Approval Conditional Approval I ... ~,. Environ-Master Site Mobile Home 1 Mobile Compo Plan Grade and Kennel Master Compo Plan I~V" IUse Environ-IKennel 'Lot line !Plan 'A IA Permit fora Permit for a Use Permit mental iFiII Permit I~:::;~' Site Plan Park, Home Park, license for Map I:ext mental 1(10% , of I;~~::ouv 1 Appeal Review (Non-license emate Request OF APPLICATIONI PERMIT Home Nonconforming Nonconforming (Admin-I, .. ~a''''!f Review -J-~""~'" (Overall) I',. ...... _uo. Preliminary Final ' I'emlon) ~,.,~ .. -, '~"- !PhaSes) Iintent) Occupation' zone ,,"',,"u ... ,,'" Structure I"'uu",u,,, istrative) Examiner) Project) • UfJV~,-"!:,, ,Map (5' contours) lC::t,o"""/I"k"D<I~ ~ 12 12 -12 12 ~ 12 12 12 ~ ,.,. Map 12 12 12 12 12 12 (2) 12~ 12 IWetland Mitigation Plan - -.""",, .. ,,' 3 3 3 3 3 IWetland IVIlUgifUUl1 Plan -Final 3 3 Report! 3 3 3 3 3 3 3 Plat, IPn.limlina:NIB PUD, Routine Vegetation Shoreline IMianlll!leme,nt Permit Exemption Development Permit Shoreline OF APPLICATION! PERMIT Plan Permit Permit 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 • 5771 .772 5773 5774 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789 5790 • • 4-8-120.D DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, PLANNING, AND PUBLIC WORKS PERMIT APPLICATIONS: 7. Definitions G: Geotechnical Report: A study prepared in accordance with generally accepted geotechnical practices and stamped by a professional engineer licensed in the State of Washington which includes soils and slope stability analysis, boring and test pit logs, and recommendations on slope setbacks, foundation design, retaining wall design, material selection, and all other pertinent elements. If the evaluation involves geologie evaluations or interpretations, the report shall be reviewed and approved by a geologist. Further recommendations, additions or exceptions to the original report based on the plans, site conditions, or other supporting data shall be signed and sealed by the geotechnical engineer. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall in a letter to the City accompanying the plans and specifications, express his or her agreement or disagreement with the recommendations in the geotechnical report and state that the plans and . specifications conform to his or her recommendations. If the site contains a geologic hazard regulated by the critical areas regulations, the preparation and content requirements of RMC 4-8-120D, Table 18 shall also apply. (Ord. 4835, 3-27-2000) Table 18 -Geotechnical Report -Detailed Requirements landSlide Coal Coal Report Preparation/Content Steep Landslide Landslide -Very High Seismic Mine-Mine Requirements Slopes -Medium -High High Erosion ·Medium - High 1. 'Characterize soils, geology and X X X X X X X X drainage. 2. Describe and depict all natural and man-made features within one hundred X X X X X X X X fifty feet (150¢) of the site boundary. 3. ,Identify any areas that have previously been disturbed or degraded by human X X X X X X X X activity or natural processes. 4. Characterize groundwater,conditions including the presence of any public or X X X X X X .X X private wells within.one-quarter (1/4) mile of the site. 5. Provide a site evaluation review of X X X X X X X X available information regarding the site. 6. Conduct a surface reconnaissance of X X X X X X X X the site and adjacent areas. 7. Conduct a subsurface exploration of X X X X X X X X soils and hydrologic conditions. 8: Provide a slope stability analysis. X X X X X X X Draft Best Available Science Regulation Amendments, July 13, 2004 Volcanic Hazards 2!; 2!; 2!; 2!; 151 Landslide Coal Coal Report Preparation/Content Steep Landslide Landslide -Very High Seismic Mine-Mine Volcanic Requirements Slopes -Medium -High High Erosion Medium -Hazards High • 9. Address principles of erosion control in proposal design including:· Plan the development to fit the topography, drainage pattems, soils and natural vegetation on site; Minimize the extent of the area exposed at one time and the duration of the exposure; Stabilize and protect disturbed areas as . X X X X X X X soon as possible; . Keep runoff velocities loW; Protect disturbed areas from stormwater runoff; Retain the sediment within the site area; Design a thorough maintenance and follow-up inspection program to ensure erosion control practices are effective .. .. 10. Provide an evaluation of site response and liquefaction potential ... X relative to the proposed development. 11. Conduct sufficient subsurface exploration to provide a site coefficient· . .-X (S) for use in the Uniform Building Code . to the satisfaction of the Building Official. . • 12. Calculate tilts and strains, and ., determine appropriate design values for -". X X the building site. 13. Review available geologic hazard maps, mine maps, mine hazard maps, and air photographs to identify any subsidence features or mine hazards including, but not limited to, surface I depressions, sinkholes, mine shafts, X X mine entries, coal mine waste dumps, and any indication of combustion in .. underground workings or coal mine waste dumps that are present on or within one hundred feet (1 OO¢) of the property. 14. Inspect, review and document any possible mine openings and potential trough subsidence, and any known X X hazards previously documented or identified. 15. Utilize test pits to investigate coal mine waste dumps and other shallow hazards such as slope entry portals and . shaft collar areas. Drilling is required for X X coal mine workings or o~her hazards that cannot be adequately investigated by sl!rface investigations. 16. Provide an analysis of proposed X X X X X X X X' • Draft Best Available Science Regulation Amendments, July 13, 2004 152 • 5791 5792 .793 5794 5795 5796 5797 5798 5799 5800 5801 5802 5803 5804 5805 5806 5807 5808 5809 5810 5811 5812 5813 5814 5815 5816 5817 • 5818 819 Landslide Coal Coal Report Preparation/Content . Steep Landslide Landslide -Very High Seismic Mine-Mine Volcanic Requirements Slopes -Medium -High High Erosion Medium -Hazards High clearing, grading and construction activities including construction scheduling. Analyze potential direct and indirect on-site and off-site impacts from development. 17. Propose mitigation measures, such as any special construction techniques, monitoring or inspection programs, erosion or sedimentation programs X X X X X X X X ! during and after construction, surface water management controls, buffers, remediation, stabilization, etc. 18. Critical facilities on sites containing areas susceQtible to inundation due to volcanic hazards shall reguire an evacuation and emergeng( management Qlan. The aQQlicant for critical facilities shall evaluate the risk of inundation or ! flooding resulting from mudflows originating on Mount Rainier in a geotechnical reQort, and identify any . engineering or other mitigation measures as aQQroQriate. Note: An ax" indicates that the requirement applies in the identified critical area. 19. Definitions S: Shoreline Conditional Use Justification: A written statement setting forth the reasons in favor of the shoreline conditional use permit application and addressing the criteria listed in RMC 4-9-19015b~ and which are used by the Hearing Examiner in reviewing the permit request. (Ord. 4587, 3-18-1996) Shoreline Variance Justification: A written statement setting forth the reasons in favor of the shoreline variance application and addressing the criteria listed in RMC 4-9-19014b, and which are used by the Hearing Examiner when reviewing the variance request. Site Plan: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20') (or other scale approved by the Development Services Division Director) clearly indicating the following: a. Name of proposed project, b. Date, scale, and north arrow oriented to the top of the paper/plan sheet, c. Drawing of the subject property with all property lines dimensioned and names of adjacent streets, d. Widths of all adjacent streets and alleys, e. The location of all existing public improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage, f. Location and dimensions of existing and proposed structures, parking and loading areas, driveways, existing on-site trees, existing or proposed fencing or retaining walls, freestanding Draft Best Available Science Regulation Amendments, July 13, 2004 153 I • 5820 5821 5822 5823 5824 5825 5826 5827 5828 5829 5830 5831 5832 5833 5834 5835 . 5836 5837 5838 5839 5840 5841 5842 5843 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 5858 '5859 5860 5861 5862 5863 5864 5865 5866 ·5867 5868 5869 5870 5871 5872 5873 5874 5875 signs, easements, refuse and recycling areas, freestanding liquid fixtures, utility junction boxes, public utility transformers, storageareas, buffer areas, open spaces, and landscaped areas, g. The location and dimensions of natural features such as streams, lakes; marshes and wetlands, . h. Ordinary high water mark, existing and proposed, if applicable, i. For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the facility, j. A legend listing the following must be included on one of the site plan sheets: i. Total square footage of the site, ii. Square footage (by floor and overall total) of each individual building and/or use, iii. Total square footage of all buildings (footprint of each building), iv. Percentage of lot coverage, v. Square footage of all landscaping (total, parking lot, and wildlife habitat), vi. Allowable and proposed building height, vii. Building setbacks required by Code, viii. Proposed building setbacks, ix. Parking analysiS, including: • Number of stalls required, by use; number of stalls provided, by use, Sizes of stalls and angles, Location and number of handicap stalls, compact, employee and/or guest parking stalls, • Location and size of curb cuts, . • Traffic flow within the parking, loading, and maneuvering areas and ingress and egress, • Location of wheel stops, • Loading space, • Stacking space, • Location and dimensions of bicycle racks, carpool parking spaces, and other facilities designed' to accommodate acce!)s to the site, • Square footage of interior parking lot landscaping. k. Footprint of all proposed buildings showing the location of building entrances, window openings, and landscape features (required for Urban Center Design Overlay District review packet only), Draft BestAvaiiable Science Regulation Amendments, July 13; 2004 154 • • • 5876 • 877 878 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902 _03 04 905 5906 5907 5908 5909 5910· 5911 5912 5913 5914. 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 5927 5928 .29 I. Footprint of all abutting and adjacent buildings showing the location of building entrances, window openings, and landscape features (required for Urban Center Design Overlay District review packet only), m. For nonconforming use or structure rebuild approval permits: draw on the scaled plan the exact sizes and locations of existing structures and uses, whether damaged or not; write on the scaled plan the dates these structures/uses were established; on a separate sheet, identify the subject property, abutting lots and buildings and list adjacent and abutting land uses. (Ord. 5028, 11-24-2003) Site Plan, Shoreline: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" = 20') (or other scale approved by the Development Services Division Director) clearly indicating the information requested by the "Site Plan, Land Use" with the following additional information: a. Ordinary high water mark, existing and proposed, b. Name of water body.~ c. Material stockpiles or similar/related activities, d. Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent, e. Quantity, composition and destination of any excavated or dredged material, f. Where applicable, a depiction of the impacts to views from existing residential uses and public areas. Stream' or Lake Study. Standard: A report shall be prepared bya qualified biologist, unless. otherwise determined by the Administrator, and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than 1" = 20' (unless otherwise approved by the Development Services Director): rEt1~IWm: Modified from 50 to 20 to be similar to other map scales required by City.} • i. The entire parcel of land owned by the 'applicant, including 100 feet of the abutting parcels through which the water body(ies) f1ow(s); . ii. The ordinary high' water mark (OHWM)· determined in the. field by a qualified biologist pursuant to RMC 4-3-050.L.1.b (the OHWM must also be flagged in the field); iii. Stream classification, as recorded in the City of Renton Water Class Map in RMC 4-3- 050QX or RMC 4-3-090 (if unclassified, see subsection c below); iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of 2 feet where slopes are less than 10 percent, and of 5 feet where slopes are 10 percent or greater; v. 100-year floodplain and floodway boundaries, including 100 feet of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainagefiow; Draft Best Available Science Regulation Amendments, July 13, 2004 155 I 5930 5931 5932 5933 5934 5935 5936 5937 5938 5939 5940 5941 5942 5943 5944 5945 5946 5947 5948 5949 5950 5951 5952 5953 5954 5955 5956 5957 5958 5959 5960 . 5961 5962 5963 5964 5965 5966 5967 5968 5969 5970 5971 5972 5973 5974 5975 5976 5977 .5978 5979 5980 5981 5982 5983 5984 vii. Top view and typical cross-section views of the stream or lake bed. banks, and buffers to scale; .. viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending 100 feet upstream and downstream from the property line. Include position, species, and size of all trees at least 10 inches average diameter that are within 100 feet of the OHWM; ix. The location, width, depth, and length of all existing and proposed structures, roads.· stormwater management facilities, wastewater treatment and installations in relation to the streamllake and its/their buffer(s); and x. Location of site access, ingress and egress. . b. Grading Plan: A grading plan prepared in accordance with RMC 4-8-120.D.7, and showing contour intervals of 2 feet where slopes are less than 10 percent, and of 5 feet where slopes are 1 0 percent or greater. c. Stream or Lake Assessment Narrative: A narrative report shall be prepared to accompany the site plan which describes: i. The stream or lake classification as recorded in the City of Renton Water Class Map in RMC 4-3-050QX or RMC 4-3-090. ii. The vegetative cover of the site, including the stream or lake, banks. riparian area. wetland areas, and flood hazard areas extending 100 feet upstream and downstream from the· property line; iii. The ecological functions currently provided by the stream/lake and existing riparian area; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to. salmon ids. mammals. and bird nesting, breeding. and feeding/foraging areas; and v. Measures to protect trees, as defined per RMC 4-11 ~200, and vegetation. Stream or Lake Study. Supplemental: The application shall include the following information: a. Unclassified Stream Assessment: If the site contains an unclassified stream, a qualified . biologist shall provide a proposed classification of the stream(s) based on RMC 4-3-050.L.1 and a rationale for the proposed rating. b. Alterations to Stream/Lake and/or Buffer(s): A supplemental report prepared by a qualified biologist shall evaluate alternative methods of developing the property using the following criteria for justification: . i. Avoid any disturbances to the stream. lake or buffer; ii. Minimize any stream, lake or buffer impacts; iii. Compensate for any stream. lake or buffer impacts,; iv. Restore any stream, lake or buffer area impacted or lost temporarily: v. Enhance degraded stream or lake habitatto compensate for lost functions and values. Draft Best Available Science Regulation Amendments, July 13, 2004 156 • • 5985 • 986 987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 6000 6001 6002 ' 6003 6004 6005 6006 6007 6008 6009 6010 6011 • 012 013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 • 38 39 c. Impact Evaluation: i. An impact evaluation for any unavoidable impacts prepared by a qualified biologist, to include: (a) Identification, by characteristics and quantity, of the resources (stream, lake) and corresponding functional values found on the site: (b) Evaluation of alternative locations, design modifications, or alternative methods of development to determine which option(s) reduce(s) the impacts on the identified resource(s) and functional values of the site; (c) Determination of the alternative that best meets the applicable approval criteria and identify significant detrimental impacts that are unavoidable; (d) To the extent that the site resources and functional values are part of a larger natural system such as a watershed, the evaluation must also consider the cumulative impacts on that system: ii. For a violation, the impact evaluation must also include: (a) Description, by characteristics and quantity, of the resource's) and functional values on the site prior to the violations; and. (b) Determination of the impact of the violation on the resource(s) and functional values. Stream or Lake Mitigation Plan: The mitigation plan must ensure compensation for unavoidable significant adverse impacts that result from the chosen development alternative or from a violation as identified in the impact evaluation. A mitigation plan must incl~de: a. Site Map: Site map(s) indicating, at a scale no smaller than 1" = 20' (unless otherwise approved by the Development Services Director): i. The entire parcel of land owned by the applicant. including 100 feet of the abutting parcels through which the water body(ies) flow(s);. ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC 4-3-050.L.1.b (the OHWM must also be flagged in the field); iii. Stream classification, as recorded· in the City of Renton Water Class Map in RMC 4-3- 050QX or RMC 4-3-090 or as determined through a Supplemental Stream or Lake Study approved by the Administrator; iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of 2 feet where slopes are less than 10 percent, and of 5 feet where slopes are 10 percent or greater; v, 100-year floodplain and floodway boundaries, including 100 feet of the abutting parcels through which the water body(ies) f1ow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed. banks, and buffers to scale; . Draft Best Available Science Regulation Amendments, July 13, 2004 157 I 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 . 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088· 6089 6090 6091 viii. The vegetative cover of the entire site. including the stream or lake. banks. riparian area. and/or abutting wetland areas, extending 100 feet upstream and downstream from the property line. Include position. species. and size of all trees at least 10 inches average diameter that are within 1 00 feet of the OHWM; ix. The location. width. depth. and length of all existing and proposed structures. roads. stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); and . x. Location of site access; ingress and egress; xi. Indication of where proposed mitigation or remediation measures will take place on the site; xii. Separate indication of areas where revegetation is to take place and areas where vegetation is anticipated to be removed; and xiii. Any other areas of impact with clear indication of type and extent of impact indicated on site plan. b. Mitigation narrative that includes the following elements: i. Description of existing conditions on the site and associated water resource (baseline information); ii. Resource(s) and functional values to be restored. created, or enhanced on the mitigation site(s); . iii. Documentation of coordination with appropriate local. regional, special district. state, and federal regulatory agencies; iv. Construction schedule; v. Operations and maintenance practices for protection and maintenance of the site; vi. Environmental goals. objectives, and performance standards to be achieved by mitigation; vii. Monitoring and evaluation procedures, including minimum monitoring standards and timelines (Le., annual. semi-annual, quarterly); viii. Contingency plan with remedial actions for unsuccessful mitigation;· ix. Cost estimates for implementation of mitigation plan for purposes of calculating surety device; and . . . x. Discussion of compliance with approval criteria of 4-3-050.L.9 and 10 or 4-3-090.J.9. xL A review of the best available science supporting the proposed request for a reduced standard and/or the method of impact mitigation; a description of the report author's experience to date in restoring or creating the type of critical area proposed: and an analysis of the likelihood·of success of the compensation project Stfeam-anG-bake-9ata .... StFeam-and lake data incfude the fOllewiAg iAformatioA,_ prepared as speGifi.eG.; Draft Best Available Science Regulation Amendments, July 13, 2004 158 • ••• • 6092 • 093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 .110 6111 6112 6113 6114 6115 6116. 6117 6118 6119 6120 6121 6122 6123 6124 6125 .26 a. Field location: The ordinary high water mark shall be flagged in the field by a qualified consultant. The field flagging must be accompanied by a stream or lake reconnaissance report . &,-Reconnaissance Report: The report shall include the following information: h-ffi-atIdition to any submittal requirements in chapter 4 B, Permfts General and Appeals, the site map(s) shall indicate: "(1) The entire parcel of land owned by the applicant and the ordinary high water mark determined in the field; ii. Stream or lake Assessment: A narrative report shall be prepared to accompany the site plan which describes: 23. Definitions W: The vegetative cover of the stream or lake, banks, and the site, identifying the dominant plant, fish, and animal species; (2) If mitigation is proposed, a mitigation plan which includes baseline information, environmental goals and objectives, performance standards, construction plans, a monitoring program and a contingency plan; (J) If stream or lake o~ associated buffer changes are proposed, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order: Avoid any disturbances to the stream, lake or buffer, Minimize any stream, lakaor buffer impacts, Compensate for any stream, lake or buffer impacts, Restore any stream,~ lake or buffer area impacted or lost temporarily, aM Enhance degraded stream or lake habitat to compensate for lost functions and values; (4) Any proposed alteration of lakes or stream shall be evaluated by the Department Administrator using the above hierarchy. (Ord. 4835, J 27 2000; Amd. Ord. 4963, 5 1J 2002) m~'iIIm: Adapted from Portland's Chapter 33.430. Environmental Zones ~ Environmental Review 33.430.220.] Wetland Mitigation Plan -Preliminary: A preliminary wetland mitigation plan shall include the following: a. A conceptual site plan demonstrating sufficient area for replacement ratios; b. Proposed planting scheme for created, restored, and enhanced wetlands; Draft Best Available Science Regulation Amendments, July 13, 2004 159 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 6153 6154 I 6155 6156 6157 . 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 6171 6172 6173 c: Written report consistent with final wetl.and mitigation plan requirements regarding baseline information, environmental goals and objectives, and performance standards. (Ord. 4835, 3-27- 2000) Wetland Mitigation 'Plan -Final: A final wetland mitigation plan shall include: a. Baseline Information: A written assessment and accompanying maps of the impacted wetland including, at a minimum, a wetland delineation by a qualified wetland specialist; existing wetland acreage; vegetative, faunal and hydrologic characteristics; an identification of direct and indirect impacts of the project to the wetland area and wetland functions; soil and substrata conditions; topographic elevations and compensation site. If the mitigation site is different from the impacted wetland site, the assessment should include at a minimum: existing acreage; vegetative, faunal and hydrologic conditions; relationship within the watershed and to existing water bodies; soil and substrata conditions, topographic elevations; existing and proposed adjacent site conditions; . buffers; and ownership. . b. Environmental Goals and Objectives: A written report by a qualified wetland specialist shall be provided identifying goals and objectives of the mitigation plan and describing: . i. The purposes of the compensation measures including a description of site selection criteria, identification of compensation goals; identification of target evaluation species and resource functions, dates for beginning and completion, and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland or if out-of- kind, the type of wetland to be emulated; and ii. A review of the best available science available literature andter report author's experience to date !n restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success ·of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, preferably those in the same drainage basins, if any. An analysis of . the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns, dynamiCs of the wetland ecosystem; sediment or pollutantinflux and/or erosion, periodic flooding and drought, etc., presence of invasive flora or fauna, potential human or animal disturbance, and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the . goals and objectives of the project are achieved and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, . species abundance and diversity targets, habitat diversity indices, or other ecological, geological . or hydrological criteria. These criteria will be evaluated and reported pursuant to subsection eof· this definition, Monitoring Program. An assessment of the project's success in achieving the goals and objectives of the mitigation plan should be included along with.an evaluation of the need for remedial action or contingency measures. d. Detailed Techniques and Plans: Written speCifications and descriptions of compensation techniques shall be provided including the proposed construction sequence, grading and excavation details, erosion and sediment control features needed for wetland construction and long-term survival, a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagates; or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrata stockpiling techniques and planting instructions; descriptions of water control structures and 'water level maintenance practices needed to achieve the necessary hydroperiod characteristics; etc. Draft Best Available Science Regulation Amendments, July 13, 2004 160 • • • 6174 • 175 176 6177 6178 6179 6180 6181 6182 6183 6184 6185 6186 6187 6188 6189 6190 6191 6192 .193 6194 "6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 ~13 ..,.L14 These written specifications shall be accompanied by detailed site diagrams, scaled cross- sectional drawings, topographic maps showiri'g slope percentage and final grade elevations, and any other drawings appropriate to showconst~uction techniques or anticipated final outcome. The plan shall provide"for elevations which are appropriate for the desired habitat type(s) and which provide sufficient hydrologic data. The City may request such other information as needed to determine the adequacy of a mitigation plan. e. Monitoring Program: A program outlining the approach for monitoring construction and development of the compensation project and for assessing a completed project shall be provided in the mitigation plan. Monitoring may include, but is not limited to: i. Establishing vegetation plots to track changes in plant species composition and density overtime; "" " ii. Using photo stations to evaluate vegetation community response; iii. Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. Measuring base flow rates and storm water runoff to model and evaluate hydrologic" " and water quality predictions; v. Measuring sedimentation rates; vi. Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity; and" vii. A description shall be included outlining how the monitoring data Vlill be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted quarterly for the first year and annually thereafter, and at aminimum, should document milestones, successes, problems; and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being m~ " g. Permit Conditions: Any compensation project prepared for mitigation pursuant to RMC 4-3- 050M, Wetlands, and approved by the City shall become part of the application for project approval. h. Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team meinber involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. (Ord. 4835, 3-27-2000) Wetland Re-p9rtJ.lJelineat-iGnAssessment: A wetland rep0FtfGeHAeatieRassessment includes the following: " Draft Best Available Science Regulation Amendments,July 13, 2004 161 6215 a. A description of the project and maps at a scale no smaller than one inch equals two • 6216 hundred feet (1" = 200') showing the entire parcel of land owned by the applicant and the 6217 wetland boundary surveyed by a qualified wetlands ecologist, and pursuant to RMC 4-3- 6218 . 050M3; 6219 b. A description of the vegetative cover of the wetland and adjacent area including 6220 identification of the dominant plant and animal species; 6221 c. A site plan for the proposed activity at a scale no smaller than one inch equals two hundred 6222 feet (1" = 200') showing the location, width, depth and length of all existing and proposed 6223 structures, roads, stormwater management facilities, sewage treatment and installations 6224 within the wetland and its buffer; 6225 d. The exact locations and speCifications for all activities associated with site development 6226 including the type, extent and method of operations; 6227 e. Elevations of the site and adjacent lands within the,wetland and its buffer at contour 6228 intervals of no greater than five feet (5') or at a contour interval appropriate to the site 6229 topography and acceptable to the City; 6230 f. Top view and typical cross-section views of the wetland and its buffer to scale; 6231 g. The purposes of the project and, if a variance is being requested, an explanation of why 6232 the proposed activity cannot be located at another site; 6233 h. If weiland mitigcltion is proposed, a mitigation plan which includes baseline information, an • 6234 identification of direct and indirect imQacts of the Qroject to the wetland area and Wetland 6235 . functions, environmental goals and objectives standards, construction plans, a 6236 monitoring·program and a contingency plan. 6237 i. Alternative Methods of Development: If wetland changes are proposed, the applicant 6238 shall evaluate alternative methods of developing the property using the following criteria in I 6239 this order: 6240 • Avoid any disturbances to the wetland or buffer; 6241 • Minimize any wetland or buffer impacts; 6242 • Compensate for any wetland or buffer impacts; 6243 • Restore any wetlands or buffer impacted or lost temporarily; ·6244 . • Create new wetlands and buffers for those lost; and 6245 • In addition to restoring a wetland or creating a wetland, enhance an existing degraded 6246 wetland to compensate for lost functions and values. 6247 This evaluation shall be submitted to the Department Administrator. Any proposed alteration 6248 of wetlands shall be evaluated by the Department Administrator using the above hierarchy. 6249 j. Such other information as may be needed by the City, including but not limited to an 6250 assessment of w~tland functional characteristics, including a discussion of the methodology • 6251 used; a study of hazards if present on site, the effect of any protective measures that might DraftBest Available Science Regulation Amendments, ·July 13, 2004 162 • 6252 • 253 254 6255 • • be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Section. (Ord. 4587, 3-18-1996; Amd. Ord. 4835. 3~27- 2000) Draft Best Available Science Regulation Amendments. July 13. 2004 163 6255 4-9-070 ENVIRONMENTAL REVIEW PROCEDURES: 6256 6257 J. ENVIRONMENTALLY SENSITIVE AREASIINAPPLICABLE EXEMPTIONS: 6258 1. Maps Depicting Environmentally Critical Areas and Critical Area Designation: 6259 a. Maps Adopted by Reference: The map(s) under Ordinance No. 3891 designate the 6260 location of environmentally critical areas within the City and are adopted by reference. 6261 These include greenbelts designated in the Comprehensive Plan, conservancy and 6262 natural environments of the Shoreline Master Program and the one hundred (100) year 6263 floodway mapped under the Federal Flood Insurance Program in RMC 4-3-050.0 identify 6264 Critical Areas. The Maps in RMC 4-3-090 identify regulated Shorelines of the State. The 6265 s ecific enviommentall critical areas where SEPA exem tions are not a licable are 6266 identified in subsection nb" below. ~ : The changes refer to the most CUrrent 6267 maps in RMC 4-3-050.1 6268b. Critical Areas Designated: Wetlands, Protected Slopes. Very High Landslide Hazard. 6269 Areas, Class 2 to 4 Streams and Lakes, Shorelines of the State designated as Natural or 627Q Conservancy, and the one hundred (100) year f1oodway, as mapped and identified ffi...tI:le 6271 City Critical Pieas Inventory of Wetlands pursuant to subsection "an above are 6272 designated as environ critical areas pursuant to the State Environmental Policy. 6273 Act, WAC 197-11-908. 6274 which intended to identify the most hazardous or sensitive areas where SEPA . 6275 exemptions would not apply.] 6276 2. Inapplicable State Environmental Policy Act (SEPA) Exemptions: 6277 6278 6279 6280 .6281 6282 6283 6284 6285 6286 6287 6288 6289 6290 6291 6292. 6293 6294· 6295 a, General: Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. b'. Environmentally Critical Areas: For each environmentally critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: WAC 197-11-800(1) WAC 197-11-800(2)(d, e, g) WAC 197-11-800(6)(a) WAC 197-11-800(24)(a, b, c, d, f, g) WAC 197-11-800(25)(f, h) c. Wetlands: The following SEPA categorical exemptions shall not apply to wetlands: WAC 197-11-800(1) WAC 197-11-800(2) WAC 197-11-800(3) WAC 197-11-800(4) WAC 197-11-800(6) WAC 197-11-800(8) WAC 197-11-800(25) Unidentified exemptions shall continue to apply within enVironmentally critical areas of the City. . . . . 6296 6297 3. Threshold Determinations for PropcisalsLocated within Environmentally Sensitive Areas: The City shall treat proposals located wholly or partially within an environmentally sensitive area no Draft Best Available Science Regulation Amendments, July 13, 2004 164 • • ." 6298 • 299 300 6301 • • differently than other proposals under this Section, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area. (Ord. 4835,3-27-2000) Draft Best Available Science Regulation Amendments, July 13, 2004 165 6301 6302 6303 6304 6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318 6319 6320- 6321 6322 6323 6324 6325 - 6326 6327 6328 6329 -6330 6331 I 6332 6333 6334 6335 6336 -6337 6338 6339 6340 6341 6342 6343 6344 6345 6346 6347 6348 6349 6350 6351 6352 6353 4-9-190 SHORELINE PERMITS: lEaitae.m~: To provide an alphabetical sequence in Chapter 4-9, this section Will be renumbered to 4- 9-197 at the time a formal ordinance is prepared.] A. PURPOSE: (Reserved) B. APPLICABILITY: (Reserved) C. EXEMPTIONS FROM PERMIT SYSTEM: _ The following shall not be considered SUbstantial developments for the purpose of this Master Program. 1. Any project with a certification from the Governor pursuant to chapter 80.50 RCW. 2. Any development of which the total cost or fair market value does not exceed twG-five thousand five hundred dollars ($2,500.00$5,000.00), if such development does not materially interfere with the normal public use of the water or shorelines of the State. IBffimf __ : Change per recent RCW amendments.] - 3. Normal maintenance or repair of existing structures or developments, including damage by _ accident, fire or elements. - a. "Normal maintenance" includes those usual acts to prevent a deCline', lapse, or cessation from a lawfully established condition. • b. "Normal repair" means to restore a development to a state comparable to hs original condition, • including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. - c. Replacement of a structure or development may-be authqrized _ as repair where such replacement is the common method of repair for -the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause· sUDstantial adverse effects to shoreline resources or environment. 4. Construction of the normal protective bulkhead common to single family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single family residence and appurtenant structures from 1055 or damage by erosion. A normal protective bulkhead is not exempt if it is constructed for-the purpose of creating additional dry land. Additional construction requirements are found in WAC 173-27-040(2)(c). 5. Emergency construction necessary to protect property from damage by the elements, a. An "emergency" is an unanticipated -and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with this progr9m. - b. Emergency construction does not include development of new permanent protective structures .- where none previously existed. Where new protective structures are deemed to be the Draft Best Available Science Regulation Amendments, July 13, 2004 -. 166 6354 • 355 356 6357 6358 6359 6360 6361 6362 6363 \ 6364 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 6380 ~81 82 383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395 6396 6397 6398 6399 6400 6401 6402 6403 6404 6405 6406 6407 • 08 09 appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW; chapter 17-27 WAC or this Shoreline Program shall be obtained. c. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and this Progrnm. . d. In general, flooding or other seasonal events that can be anticipated and may occur, but that are not imminent are not an emergency. 6. Construction and practices normal or necessary for farming, irrigation, and ranching activities,' including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures, including, but not limited to, head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling, other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock winteririg operations. 7. Construction on shorelands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty five feet (35') above average grade level as defined in WAC 173-27-030 and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this Section. _~0ie: Based on early agency review by DOE.] . a. "Single family" residence means a detached dwelling designed for and oc.cupied by one family' including those structures and developments within a contiguous ownership which are a normal appurtenance. An' "appurtenance" is necessarily connected to the use and enjoyment of a single family res!dence and is located landward of the ordinary high water mark and the perimeter of a wetland. b. Construction authorized under this exemption shall be located landward of the ordinary high water mark. 8. Construction of a dock including a community dock designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multi-family residences. a. This exception applies if either: i. In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars ($2,500.00). ii. In fresh waters, the fair market value of the dock does not exceed ten thousand dollars ($10,000.00); however, if subsequent construction having a fair market :value exceeding two thousand five hundred dollars ($?,500.00) occurs within five (5) years of completion of the prior construction, the subsequent construction shall be considered a substantial development permit. b. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. 9. Construction or modification, by or under the authority of the Coast Guard or a deSignated port management authority, of navigational aids such as channel markers and anchor buoys. Draft Best Available Science Regulation Amendments, July 13; 2004 167 6410 6411 6412 6413 6414 - 6415 6416 6417 6418 6419 _ 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429 6430 6431 6432 6433 6434 6435 6436 6437 6438 6439 6440 6441 6442 6443 6444 6445 6446 6447 6448 6449 6450 6451 6452 6453 6454 6455 6456 6457 6458 6459 6460 6461 6462 6463 6464 ----10. Operation, maintenance" or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 11. The marking of property lines or comers on State-owned lands when such marking does not interfere with the normal public use of the surface of the water. 12. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on SeptemberS, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 13. Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under this program, if: ' a. The activity does not interfere with the normal public use of the surface waters. 'b. The activity will have no 'significant adyerse impact on the environment' including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. c. The activity does not involve the installation of a structure, and upon completipn of the activity the vegetation and land configuration of the' site are restored to conditions existing before the activity. - d. A private entity seeking development authorization under this program first, posts a performance bond or provides other evidence of financial responsibility to the Development- Services Division to ensure that the site is restored to pre-existing conditions. e. The activity is not subject to the permit requirements of RCW 90.5S.550. 14. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through, the use of a herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other State agencies under chapter 43.21 C RCW. 15. Watershed restoration projects as defined below: a. "Watershed restoration project"-means a public or private project authorized ,by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: i. A project that involves less than ten (10) miles of streamreach,in which less than twenty five (25) cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation, is removed except as minimally necessary to facilitate additional plantings. ii. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasiS on using native vegetation to control the erosive forces of flowing water. iii. A project primarily designed to improve fish and wildlife habitat, remove or reduce . impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the State, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two Draft Best Available Science Regulation Amendments, July 13, 2004 168 • • • 6465 ~66 ~67 6468 6469 6470 6471 6472 6473 6474 6475 6476 6477 6478 6479 6480 6481 6482 6483 6484 6485 6486 6487 6488 6489 6490 6491 ~92 93 94 6495 6496. 6497 6498 6499 6500 6501 6502 6503 6504 6505 6506 6507 6508 6509 6510 6511 6512 6513 6514 6515 6516 6517 6518 • 19 20 hundred (200) square feet in floor area and is located above the ordinary high water mark of the stream. b. "Watershed restoration plan" means a plan, developed or sponsored by a State department, a , federally recognized Indian Tribe, a city, a county or a conservation district, for which agency and public review has been conducted pursuant to chC!pter 43.21 C RCW, the State Environmental Policy Act. The watershed restoration plan generally contains, a general program and implementation measures or actions for the' preservation, restoration, re-creation, or enhancement of the naturc~1I resources, character, and ecology of a stream, stream segment, drainage area, or watershed. ' 16. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish , passage, when all of the following apply: . , , ' . a. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose. b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20 RCW. c. The Development Services Division has determined that the project is consistent with this Master Program. 17. Hazardous substance remedial actions pursuant to WAC 173-27-040(3). D. EXEMPTION CERTIFICATE PROCEDURES: 1. Any person claiming exemption from the permit requirements of this Master Program as a result of the exemptions specified in this Section shall make application for a no-fee exemption certificate to the Development Services Division in the manner prescribed by that division. 2. Any development which occurs within the regulated shorelines of the State under Renton's jurisdiction, whether it requires a permit or not, must be consistent with the intent of the State law. 3. The City may attach conditions to the approval of exempted developments and/or uses' as necessary to assure consistency of the project with the Shoreline Management Act and this Program. 4. If any part of a proposed development is not eligible for exemption, then a shoreline permit is required for the entire proposed development project. E. SHORELINE PERMIT APPLICATION PROCEDURES: 1. Information Prior to Submitting a Shoreline Substantial Development Permit Application: Prior to submitting an application for a shoreline permit or an exemption from a shoreline permit, the applicant should informally discuss a proposed development with the Development Services Division. This will enable the applicant to become familiar with the requirements of this Master Program, Building and Zoning procedures, and enforcement procedures. 2. Shoreline Substantial Development Permit Required: No shoreline development shall be undertaken on shorelines of the City without first obtaining a "substantial development permit" from the Development Services Division. 3. Shoreline Substantial Development Permit Application Forms and Fees: Applications for such ~RaII-ge--rn-atle·-Qf\-f-QfffiS---afltI-reviewe€l--aGGoFdjfl9~OGeGtlfe5----pfeSGfi9-etl--9.y-tAe Development Services Division. Application forms may be revised from time to time by the Draft Best Available Science Regulation Amendments, July 13, 2004 169 I 6521 6522 6523 6524 6525' 6526 6527 ' 6528 6529 6530 6531 6532 6533 6534 6535 6536 6537 6538 6539 6540 6541 6542 6543 6544 6545 6546 6547 6548 6549 6550 6551 6552 6553 6554 6555' 6556 6557 6558 6559 6560 6561 6562 6563 6564 6565 6566 6567 6568 6569 6570 6571 6572 6573 6574 6575 Development Services Division 'Nithout prejudice to any existing applications. Such forms should be ' designed to provide such information as is necessary to determine whether such a permit is justitiee., Applications shall be m~de by the property O'Nner, or his authorized agent, lessee, contract purchaser, or other person entitled to possession of the property and, except for applications filed by or on behalf of the City or other gOI/ernmental agencies, shall be accompanied by a receipt issued by the Finance Department shm ... ing payment of the applicable fees which are established by RMC 4 1 170, land Use Review Fees.Submittal requirements and fees shall be as listed inRMC 4-3-090.J.2. Studies Required. and RMC 4-8-120C. Land Use Applications and 4-1-170. Land Use Review Fees. 4. Secondary Review By Independent Qualified Professionals: When appropriate due to the type of critical areas, habitat. or species present. or project area conditions, the Reviewinq Official may require the applicant to prepare or fund analyses or activities conducted by third party or parties , selected by the Reviewing Official and paid for by the applicant. Analyses and/or activities conducted under this Subsection include, but are not limited to: ' a. Evaluation by an independent qualified professional of the applicant's analysis and the effectiveness of any proposed mitigating measures or programs. to include any recommendations as appropriate; and b. A requestfor conSUltation with, the Washington Department of Fish and Wildlife. Washington State Department of Ecology. or the local Native American Indian Tribe or other appropriate agency; and/or, ' c. AnalysiS of detailed surface and subsurface hydrologic features both on and adjacent or abutting to the site. 5. Public Notice: Three (3) copies of a notice of development application shall be posted prominently on the property concerned and in conspicuous public places within three hundred (300) feet thereof. The notice of development application shall also be mailed to property owners. within three hundred (300) feet of the boundaries of the subject property. The required contents of the notice of development application are detailed in RMC 4-8-090B, Public Notice Requirements. 6. Standard Public Comment Time: Each' Sl:ffih-notice of development application shall include a statement that persons desiring to present their views to the Development Services Division with regard to said application may do so in writing to that Division and perSons interested, in the Development Services Division's action on an application for a permit may submit their views in writing or notify the Development Services Division in writing of their interest within thirty (30) days from the last-date of publication of such. noticethe notice of application. 7. Special Public Comment Time: Notice of development application for a substantial development permit regarding a limited utility extension as defined in RCW 90.58.140 (11 )(b) or for the construction of a bulkhead or other. measures to protect a single family residence and its a purtenant structures from shoreline ,erosion shall include a twenty (20) day comment period.·:oifoi:',s, 'ofe: These time periods in 5, 6 and 7 are based upon WAC 173-27-110.1 Such notification or submission of views to the Development Services Division shall entitle those persons to a copy of the action taken on the application. , , 4§. Review Guidelines: Unless exempt~cI or authorized through the variance or conditional use , permit provisions of this Master Program, no substantial development permit and no other permit shall be granted unless the proposed development is consistent with the provisions of this Master Program, the Shoreline Management Act. of, 1971, and the rules and regulations' aqoptedby the Department of Ecology thereunder. Draft Best Available Science Regulation Amendments, July 13,2004 170 • • • 6576 • 577 78 6579 6580 6581 6582 6583 6584 6585 6586 6587 6588 6589 6590 6591 6592 - 6593 6594 6595 6596 6597 6598 6599 6600 6601 6602 6603 • 04 . 605 6606 6607 6608 6609 6610 6611 6612 6613 6614 6615 6616 6617 6618 6619 6620 6621 6622 6623 6624 6625 • 26 27 59. Conditional Approval: Should the Development Services Division Director or his/her designee find that any application does not substantially comply with criteria imposed by the Master Program and the Shoreline Management Act of 1971, he may deny such application or attach any terms or condition which he deems suitable and reasonable to effect the purpose and objective of this Master Program. 610. Notification of City Departments: It shall be the duty of the Development Services Division to timely furnish copies of all applications and actions taken by said division unto such other officials or departments whose jurisdiction may extend to all or any part of the proposed development. F. REVIEW CRITERIA: 1. General: The Development Services Division shall review an application for a permit based on the following: a. The application. b. The environmental impact statement, if one is required. c. Written comments from interested persons: d. Information and comments from ~ail aff~cted City departments aff.eGteEl. e. InElepenElent stuEly by the Development Services Division anEl the Policy Economic De~!elopment Department. . . f~. Evidence presented at a public hearing shoulEl the Development Services Division anEl .the Policy Development Department E1eciEle that it ..... ould be in the pLiblic interest to hold a public hearing. The DelJOlopment Services Division and the Policy Development Department shall have pe'A'ers to prescribe rules and regulations for sLAch hearings. . g. No authorization to undertake use or development on shorelines of the state shall be granted by the Responsible Official unless upon review the use or development is determined to be consistent with the. policy and provisions of the Shoreline Management Act and the Renton Shoreline Master Program. rE~"INGie: Based on early agency review by DOE; to reference review criteria in WAC.]' h. No permitshall be issued for any new or expanded building or structure of a height inconsistent with Renton Shoreline Master Program Public Access Policies. High-rise structures in the shoreline jurisdiction generally should not be permitted. but could be permitted in the shoreline jurisdiction if the Responsible Official determines: . 1. Views of the shoreline would not tie substantially obstructed due to topo'graphi~ conditions, and - 2. Some overriding considerations of the public interest would be served. Shoreline low-rise development should provide substantial grade level views of the water from public shoreline roads running generally parallel to the water's edge. reeJitortsltlote: Based on early agency review by DOE; codifies a policy now found in RSMP 4.04.02.1.1 2. Additional Information: The Development Services Division may require an applicant to furnish information and data in addition to that con~ained or required in the application forms prescribed. Unless an adequate environmental statement has previously been prepared for the proposed development by another agency, the City's Environmental Review committee shall cause to be Draft Best Available Science Regulation Amendments, July 13, 2004 171 I • 6628 6629 6630 6631 6632 6633 6634 6635 6636 6637 6638 6639 6640 6641 .6642 6643 6644 6645 6646 6647 6648 6649 6650 6651 6652 6653 6654 6655 6656 6657 6658 6659 6660 6661 6662. 6663 6664 6665 6666 6667 6668 6669 6670 6671 6672 6673 6674 6675 6676 6677 6678· 6679 6680 6681 prepared such a statement, prior to granting a permit, when the State Environmental Policy Act of 1971 would require such a statement. 3. Procedural Amendments: In addition to the criteria hereinabove set forth in this Section, the Planning/Building/Public Works Department may from time-ta-time promulgate additional procedures or criteria and such shall become effective, when reduced to·writing, and filed with the City Clerk and as approved by the City Council and the Department of Ecology. 4. Burden of Proof on Applicant: The burden of proving that the proposed substantial development is consistent with the criteria which must be met before a permit is granted shall be on the applicant. G. BONDS: The Development Services Division may require the applicant to post a bond in favor of the City of Renton to assure full compliance with any terms and conditions imposed by said department on any shoreline permit. Said bond shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated. H. ADMINISTRATIVE APPEALS: The Planning/Building/Public Works Department shall have the final authority to interpret the Master Program for the City of Renton. Where an application is denied or changed, per subsection E6 of this Section, an applicant may appeal the decision denying or changing a ·substantial development permit" to the.Shoreline Hearings Board for an open record appeal in accordance with RMC 4-8-110. See RMC 4-8- 110H for appeal procedures to the Shoreline Hearings Board. . I. VARIANCES AND CONDITIONAL USES: 1. Purpose: The power to grant variances and conditional use permits should be utilized in a manlier which, while protecting the environment, will assure that a person will be able to utilize his property in a fair and equitable manner. . 2 •. Authority: .. a. City Hearing Examiner: The Renton Land Use Hearing Examiner shall have authority to grant conditional use permits and variances in the administration of the Renton Master Program. . b. State Department of Ecology Decision: Both variances· and conditional use permits are forwarded to the Department of Ecology and the Attorney General's office for approval or denial. c. Time Limit, Permit Validity, and Appeals: Conditional permits and variances shall be deemed to be approved within thirty (30) calendar days from the date· of receipt by the Department of Ecology' and the Attorney General's office unless written communication is received by the applicant and the City indicating otherwise. . . i. Conditional use permits and variances shall be filed with the State in accordance with RCW,90.58.140(6) and WAC 173-27-130. ii. Permit validity requirements of subsectionJof this Section shall apply to conditional use and variance permits. iii. Appeals of conditional use or variance permits shall be made in accordance with RMC 4-8-110H. . Draft Best Available Science Regulation Amendments, July 13, 2004 172 • • • 6682 • 683 684 6685 6686 6687 6688 6689 6690 6691 6692 6693 6694 6695 6696 6697 6698 6699 6700 • 6701 6702 6703 6704 6705 6706 6707 6708 6709 . • :710 711 6712 6713 6714 6715 6716 6717 6718 6719· 6720. 6721 6722 6723 6724 6725 6726 6727 6728 6729 6730 6731 6732 6733 6734 6735 • 736 3. Interpretation: It shall be recognized that a lawful use at the time the Master Program is adopted . is to be considered a permitted use, and maintenance and restoration shall not require a variance or a conditional use permit. 4. Variances: a. Purpose: Upon proper application, a substantial development permit may be granted which is at variance with the criteria established in the Renton Master Program where, owing to special conditions pertaining to the specific piece of property, the literal interpretation and strict application of the criteria established in the Renton Master Program would cause undue and unnecessary hardship or practical difficulties. b. Decision Criteria: The fact that the applicant might make a greater profit by using his property in a manner contrary to the intent of the Master Program is not, by itself, sufficient reason for a variance. The Land Use Hearing Examiner must find each ofthe following: i. Exceptional or extraordinary circumstances· or conditions applying to the subject property, or tathe intended use thereof, that do not apply generally to other properties on shoreliQes in the same vicinity. ii. The variance permit is necessary for the preservation and enjoyment of a .substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. iii. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. iv. The variance granted will be in harmony with the general purpose and intent of this Master Program. v.The public welfare and interest will be preserved; if more hal"!11 will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. vi. The proposal meets the variance criteria in WAC 173-27-170. 5. Condition~1 Use: a. Purpose: Upon proper application, a conditional use permit may be granted: The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. b. Decision Criteria: Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit will be granted subject to each of the following conditions: i. The use must be compatible with other permitted uses within that area. ii. The use will not interfere with the public use of public shorelines . Draft Best Available Science Regulation Amendments, July 13,.2004 173 I 6737 6738 6739 6740 6741 6742 6743 6744 6745 6746 6747 6748 6749 6750 6751 6752 6753 6754 6755, 6756 6757 6758 6759 6760 6761 6762 6763" 6764 6765 6766 6767 6768 ' 6769 6770 6771 6772 6773 6774 6775 6776 6777 6778 6779 6780 6781 6782 6783 6784 6785 6786 6787 '6788 6789 6790 6791 6792 iii. Design of the, site will be compatible with, the surroundings and the City's Master Program. ' , iv. The use shall be in harmony with the general purpose and intent of the City's Master Program. ' v. The use meets the conditional use criteria in WAC 173-27-160. J. TIME REQUIREMENTS FOR SHORELINE PERMITS: 1. Applicability and Modification at Time of Approval: a. Thetime requirements of this Section shall apply to all substantial development permits and to , any development authorized pursuant to a variance or conditional use permit authorized under this Program. b. 'If it is determined that standard time requirements of subsections J2 and J3 of this Section should not be applied, the Development Services Division shall adopt appropriate time limits as a ' part of action on a substantial development permit upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of this Master Program and RCW 90.58.143. If it is determined that standard time requirements of subsections J2 andJ3 of this Section should not be applied, the Hearing Examiner, upon a finding of good cause and with the approval of the Department of Ecology, shall establish appropriate time limits as a part of action on a conditional use or variance permit. "Good cause" means that the time limits established are reasonably related to the time actually necessary to peiform the development on the ground and complete the project that is being permitted. ' c.Where specific provisions are not included to establish time limits on a permit as part of action on a permit by the City or the Department of Ecology, the time limits in subsections J2 and J3 of this Section apply. " d. Requests for permit extension shall be made in accordance with subsections J2 and J3 of this . Section. ' . ,2. Construction Commencement: a. Unless' a different time p'eriod is 'specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of this Section, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a , new permit shall be necessary. However, the Development Services Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Division before the expiration date, and notice of the proposed, extension is given to parties of record and the Department of Ecology. b. Construction activities or commencement of construction referenced in subsection J2a of this ' Section means that construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. 3. Construction Completion: A permit authorizing construction shall extend for a term of no more .than five (5) years after the effective date ofa shoreline permit, unless a longer period has been specified pursuant to RCW 90.58.143 and subsection J1 of this Section. If an applicant files a request for an extension prior to expiration of the shoreline permit the Development Services Division shall review the permit and upon a showing of good cause may authorize a' single extension of the shoreline permit for a period of up to one year. Otherwise said permit shall terminate. Notice of the Draft Best Available Science Regulation Amendments, July 13, 2004 174 • • • 6793 • 794 795 6796 6797 6798 6799 6800 6801 6802 6803 6804 6805 6806 6807 6808 6809 6810 6811 6812 6813 6814 6815 6816 6817 6818 6819 -. 820 821 822 6823 6824 , 6825 6826 6827 6828 6829 6830 6831' 6832 6833 6834 6835 6836 6837 6838 6839 6840 6841 6842 6843 6844 6845 6846 • 847 848 proposed permit extension shall be given to parties of record and the Department of Ecology. To maintain the validity of a shoreline permit, it is the applicant's responsibility to maintain valid construction permits in accordance with adopted Building Codes. 4. Effective Date: a. For purposes of determining the life of a shoreline permit, the effective date of a substantial development permit, shoreline conditional use permit, or shoreline variance permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in subsections J2 and J3 of this Section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions, or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. ' b. It is the responsibility of the applicant to inform the Development Services Division of the pendency of other permit applications filed with agencies other than the City, and of any related administrative or legal actions on any permit or approvaL If no notice of the pendency of other permits or approvals is given to the Division prior to the expiration date established by the shoreline permit or the provisions of this Section, the expiration of a permit shall be based on the effective date of the shoreline permit. c. The City shall issue permits within applicable time limits specified in the Type III and Type VI review processes in RMC 4-8-080H. Substantial development permits' for a limited utility extension as defined in RCW 90.58.140(11 )(b) or fC?r the construction of a bulkhead or other measures to protect a single family residence and' its appurtenant structures from shoreline erosion shall be issued within twenty' one (21) days of the last day of the comment period s'pecified in RMC 4-9-190E3. 5. Review Period -Construction Authorization: a. No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until twenty one (21) days from the date the permit was filed with the Department of Ecology and the Attorney General, or until all review proceedings are completed as were initiated within the twenty one (21) days of the date of filing. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. b. If the granting of a shoreline permit by the City is appealed to the Shoreline Hearings Board, and the Shoreline Hearings Board has approved the granting of the permit, and an appeal for judicial review of the Shoreline Hearings Board decision is filed, construction authorization may occur subject t~ the conditions, time periods, and other provisions of RCW 90.58.140(5)(b). K. RULINGS TO STATE: Any ruling on an application for a substantial development permit under authority of this Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling to the applicant, be filed concurrently with the Department of Ecology and the Attorney General by the Development Services Division. Filing shall occur in accordance with RCW 90.58.140(6) and WAC 173-27-130. L. TRANSFERABILITY OF PERMIT: If a parcel which has a valid shoreline permit is sold to another person or firm, such permit may be transferred to the new owner. M. ENFORCEMENT: Draft Best Available Science Regulation Amendments, July 13, 2004 175 I 6849 6850 6851 6852 6853 6854 6855 6856 6857 6858 6859 6860 6861 6862 '6863 6864 6865 6866 6867 6868 ·6869 6870 6871. 6872 6873 6874 6875 . 6876 6877 6878 6879 6880' 6881 6882 6883 6884 6885 6886 6887 6888 6889 6890 6891 6892 6893 6894 6895 6896 6897 6898 6899 6900 6901 6902 6903 All provisions of this Master Program shall be enforced by the Development Services Division. For such purposes, the Director or his duly authorized representative shall have the power of a police officer. N. RESCISSION OF PERMITS: 1. Noncompliance with Permit: Any shoreline permit issued under the terms of this Master Program may be rescinded or suspended by the Development Services Division of the City upon a finding that a permittee has not complied with conditions of the permit. 2. Notice of Noncompliance: Such rescission and/or modification of an issued permit shall be initiated by serving written notice of noncompliance on the permittee, which notice shall be sent by registered or certified mail, return receipt requested, to the address listed on the application or to such other address as the applicant or permittee may have advised the City; or such notice may be served on the applicant or permittee in person or his agent in the same manner as service of summons as provided by law. . 3. Posting: In addition to such notice, the Development Services Division shall cause to have notice posted in three (3) public places of which one posting shall be at or within the area described in the permit. 4. Public Hearing: Before any such permit can be rescinded, a public hearing shall be held by the Land Use Hearing Examiner. Notice of the public hearing shall be made in accordance with RMC 4-8- 0900, Public Notice Requirements. 5. Final-Decision: The decision of the Land Use Hearing Examiner shall be the final decision of the City on all rescinded applications. A written decision shall be transmitted to the Department of Ecology, the Attomey General's office, the applicant, and such other departments or boards of the City as are affected thereby and the legislative body of the City. O.APPEALS: See RMC 4-8-110H: P. VIOLATIONS AND PENALTIES: 1. Prosecution: Every person violating any of the provisions of this Master Program or the Shoreline Management Act of 1971 shall be punishable under conviction by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, and each day's violation shall constitute a separate punishable offense. 2. Injunction: The City Attomey may bring such injunctive, declaratory. or other actions as are necessary to insure that no uses are made of the shorelines of the State the City's jurisdiction which are in conflict with the provisions and programs of this Master Program or the Shoreline -Management . Act of 1971, and to otherwise enforce provisions of this Section and the Shoreline Management Act of 1971. . 3. Public and Private Redress: Any person subject to the regulatory program of this Master Program who violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public Or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The City Attomey may bring suit for damages under this SUbsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the Court shall make provision .to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary Draft Best Available Science Regulation Amendm-ents, July 13, 2004 176 • • • 6904 • 05 906 damages, the Court in its discretion may award attorney's fees and costs of the suit to the prevailing party. . • • Draft Best Available Science Regulation Amendments, July 13, 2004 177 6906 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES: 6907 6908 A. PURPOSES: 6909 6910 6911 6912 6913 6914 6915 6916 6917 6918 6919 6920 6921 .6922 6923 6924 6925 6926 6927 ·6928 6929 6930 6931 6932· 6933 6934 6935 6936 6937 6938 6939 6940 6941 6942 6943 6944 6945 1. Variances: A grant of relief from the requirements of this Title which permits construction in a manner that otherwise is prohibited by this Title. 2. Waivers: (Reserved) . 3. Modifications: To modify a Code requirement when there are practical difficulties involved in carrying out the provisions of this Title when a special individual reason makes the strict letter of this Code impractical. (Ord. 4346, 3-9-1992) 4. Alternates: To allow the use of any material or method of construction not specifically prescribed by this Title. (Ord. 4346,3-9-1992) . B. VARIANCE PROCEDURES: 1. Authority and Applicability: a. Hearing Examiner Variances: The Hearing Examiner shall have the authority to grant variances from the provisions of those sections of this Title listed in RMC 4 1 050F4-8- 070 where the proposed development requires or required any permit or approval as set forth in RMC 4 1 050H4-8-070, Review Authority for Multiple Permit Applications, and for variances from the following critical area regulations: . i. Proposals Located within Critical Areas -Aquifer Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by.the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Proposals Located within Critical Areas -Flood Hazards: The Hearing Examiner shall hear and decide requests for variances from the flood hazard requirements of RMC 4~3-050, Critical Areas Regulations. iii. Proposals Located within Critical Areas -Wetlands: Bufferwidth reductions not otherwise authorized by RMC 4-3-050M6e and M6f -Category 1 or 2. iv. Proposals Located within Critical Areas -Streams and Lakes: Buffer width. reductions not otherwise authorized by RMC 4-3~050.L-Class 2 to 4. ivy.. Proposals Located Within Critical Areas -General: Public/quasi-public utility or agency proposing to alter aquifer protection, geologic hazard, habitat or wetlands regulations not listed above or as an administrative variance. vi. Proposals Located Within Class 2 to 4 Streams and Lakes -General: . Activities proposing to vary from stream regulations not listed above in 1.a or as an administrative variance in 1.c, and authorized to be requested as variances in RMC 4-3-050.L. b. Board of Adjustment Variances: The Board of Adjustment shall have authority to grant variances from the provisions of this Title upon application to the Development. Draft Best Available Science Regulation Amendments, July 13, 2004 • ••• • 178 6946 • 947 948 6949 6950 6951 6952 6953 6954 6955 6956 6957 6958 6959 6960 6961 6962 6963 6964 .",965 ~966 6967 6968 6969 6970 6971 6972 6973 6974 6975 6976 6977 6978 6979 6980 6981 6982 6983 .984 Services Division where no approval or permit is required for the proposed development which must be granted by the Hearing Examiner pursuant to RMC 4-1-050H. The Board of Adjustment shall have no authority to vary the terms or conditions of any permit, recommendation or decision issued by the Hearing Examiner. c. Administrative Variances: The Planning/Building/Public Works Administrator or his/her designee shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner Review: i. Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, and lot coverage; and ii. Commercial and Industrial Land Uses: Screening of surface-mounted equipment and screening of roof-mounted equipment. iii. Proposals Located Within Critical Areas: (~ Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: The construction of one single family home on a pre~existing platted lot where there is not enough developable area elsewhere on the site to (2!!) Wetlands: . Creation/restoration/enhancement ratios: Categories 1 and 2 . Buffer width reductions not otherwise authorized by RMC 4-3-050M6e and M6f - Category 3. A new or expanded single family residence on an existing, legal lot, having a regulated Category 3 wetland. (Amd. Ord. 4835,3-27-2000; Ord. 4851, 8-7- 2000) ic) Streams and Lakes. A new or expanded single family residence on a pre- existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. ' 2. Filing of Application: A property owner, or his duly authorized agent, may file an application for a variance which application shall set forth fully the grounds therefor and the facts deemed to justify the granting of such variance. 3. Submittal Requirements and Application Fees: Shall be as listed in RMC 4-8-120C, Land Use Applications, and 4-1-170, Land Use Review Fees. 4. Public Notice and Comment Period: Notice of the application shall be given pursuant to RMC 4-8-090, Public Notice Requirements. 5. Decision Criteria: Except for variances from critical areas regulations, the Reviewing Official shall have authority to grant a variance upon making a determination in writing that the conditions specified below have been found to exist: (Amd. Ord. 4835,3-27-2000) Draft Best Available Science Regulation Amendments, July 13, 2004 179 6985 6986 6987 6988 6989 6990 6991 6992 6993 6994 6995 6996 6997 6998 6999 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 I 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; , c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and,zone in which the subject property is situated; d. That the approval as determined by'the Reviewing Official is a minimum variance that will accomplish the desired purpose. (Amd. Ord. 4835,3-27-2000) 6. Special Review Criteria -Reasonable Use Variance -Critical Areas Regulations Only: ,For variance requests rel<;lted to the critical areas regulations not subject to subsections B7 to B10 of this Section, the Reviewing Official may grant a reasonable use variance if all of the following criteria are met: a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; and ' , d. The need for the variance is not the result of actions of the applicant or property owner~ and 7. Special Review Criteria for Variances from the Aquifer Protection Regulations: ,Except for public or quasi-public utility or agency proposals which are subject to subsection B10 of this Section, the Hearing Examiner shall consider the following criteria, in addition to those criteria in subsections B5 and B6 of this Section, for variances from aquifer protection regulations: a. That the proposed activities will not c~use significant degradation of groundwater or surface water quality; b. That the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: i. Limiting the degree or magnitude of the hazardous material and activity; and' ii. Limiting the implementation of the hazardous material and activity; and Draft Best Available Science Regulation Amendm'ents, July 13, 2004 • .' 180 7025 .026 7027 7028 7029 7030. 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 ';"045 .,046 .7047 7048 7049 7050 7051 7052 7053 7054 7055 7056 7057 7058 7059 7060 7061 .• 062 iii. Using appropriate and best available technology; and iv. Taking affirmative steps to avoid or reduce impacts; and c. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; anck (Ord. 4835, 3-27-2000; Amd. Ord. 4851,8-21-2000) d. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific . information, the steps in ({MC 4-9-250F are followed. rEmmfl1N"1\1'I: Based on review of State Example Code.] .' 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of subsection B5 of this Section, the following directives and criteria shall be utilized by the Hearing Examiner in the review of variance applications related to the flood hazard requirementS of the critical areas regulations: a. Purpose and Intent: Variances, as interpreted in the national flood insurance program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. b. Review Criteria: In passing upon such an application for a variance, the Hearing, Examiner shall consider the following review criteria: .' i. Consider all technical evaluations, all relevant factors, standards specified in other sections of this section; and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the e~ect of such damage on the. individual owner; (4) The importance of the s~rvices provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; Draft Best Available Science Regulation Amendments, 'July 13, 2004 181 7063 7064 7065 7066 7067 7068 7069 7070 7071 7072 7073 7074 7075 7076 7077 7078 7079 7080 7081 7082 .7083 7084 7085 7086 7087 7088 7089 7090 . 7091 7092 7093 7094 7095 7096 7097 7098 7099· 7100 7101 7102 . 7103 (9) The safety of access to the property in times of flood for ordinary and emergency vehicles;. (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. ii. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with' existing structures constructed below the base flood level, provided criteria in subsection B8b(i) of this Section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. . iii. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood proofing than watertight or dry-flood proofing, where it· can be determined that such action will have low damage potential, complies with all . . other variance criteria except subsections B8b(ii), (iii) or (iv), and otherwise complies withRMC 4-3.:.05012a and 12b of the general standards. iv. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. - v. Variances shall not be issued within a designated f100dway if any incre~se in flood levels during the base flood discharge would result. . vi. Variances shall only be issued upon: (1) A showing of good and sufficient cause; . (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with . existing local laws or ordinances: (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. . c. Conditions of Approval: Upon consideration of the factors of subsection B8b of this Section, and the purposes of this section, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section. . - d. Notice Required upon Variance Approval: Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance Draft Best Available Science Regulation Amendments, July 13, 2004 . • • 182 7104 .105 7106 7107 7108 7109 7110 7111 7112 7113 7114 7115 7116 7117 7118 7119 7120 7121 7122 7123 .124 7125 7126 7127 7128 7129 7130 7131 7132 7133 7134 7135 7136 7137 7138 7139 7140 7141 7142 .143 will be commensurate with the increased risk resulting from the reduced lowest floor elevation. e. Records: The Department Administrator or his/her designee, the Building Official shall maintain the records of all variance actions and report any variances to the Federal Insurance Administration upon request. (Ord. 4835,3-27-2000; Amd. Ord. 4851,8-7- 2000) rlatrtilillll: Criteria to aooly best available science not included as the criteria above match the Federal/State Model Flood Damage Prevention regulations.] 9. Special Review Criteria -Single Family Re,sidence on a Legal Lot with a Category 3 Wetland; Single Family Residence on a Legal Lot with a Class 2,3, or 4 Stream/Lake: In lieu of the criteria shown in subsections B5 and B6 of this Section, a variance may be granted from any wetland requirement in the critical areas regulations for a single family'residence to be located on an existing legal lot if all of the following criteria are met: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,OOO) square feet, including access. Otherwise the alteration shall be reviewed as a Hearing Examiner variance and subject to the review criteria of subsection B6 of this Section; b. Access is located so as to have the least impact on the wetland or stream/lake and its buffer; c. The proposal preserves the functions and values of the wetlands...Q[ stream/lakelriparian habitat to the maximum extent possible; d. The proposalincludes on-site mitigation to the maximum extent possible;: e. The proposal first develops nom\'etland non-critical area, then the wetland critical area buffer, before the wetland area itself is developed; . f. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; and g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition , after the effective date of this Section; and~{Ord. 4835, 3~27-2000; Amd. Ord. 4851, 8-7- 2000) h. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. 10. Special Review Criteria -Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations: In lieu of the variance criteria of subsection B5 of this Section, applications by public/quasi-public utilities or agencies proposing to alter aquifer protection, geologic hazard, habitat, stream and lake or wetland regulations shall be reviewed for compliance with all of the following criteria: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served; Draft Best Available Science Regulation Amendments, July 13, 2004 183 7144 7145 7146 7147 7148 7149 7150 7151 7152 7153 7154 7155 7156 7157 7158 7159 7160 7161 7162 7163 7164 7165 7166 7167 7168 7169 7170· 7171 7172 7173 7174 7175 7176 7177 }178 7179 7180 . 7181 b. Each facility must conform to the Comprehensive Land Use Plan and with any -adopted public programs and policies; c. Each facility must serve established, identified public needs; d. No practical alternative exists to meet the needs; e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake, is located; g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; and . i. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose; and. (Ord. 4835, 3-27-2000; Amd. Ord.·4851, 8-7-2000) j. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific . information, the steps in RMC 4-9-250F are followed. 11. Continuation of Public Hearing:lffor any reason testimony in any manner set for public hearing, or being heard, cannot be completed on date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to and at which said meeting will be continued, and no further notice of any kind shall be required. (Ord. 3463,8-. 11-1980; Amd. Ord. 4648,1-6-1997; Ord. 4835, 3-27-2000) 12. Board of Adjustment Decision Process: a. Boa~d of Adjustment Shall Announce Findings and Decisions: Not more than thirty (30) days after the termination of the proceedings of the public hearing on any variance, the Board of Adjustment shall announce. its findings and decision. If a variance is granted, the record shall show such conditions and limitations in writing as the Board of Adjustment may impose .. b. Notice of Decision of Board of Adjustment: Following the rendering of a decision on a variance application, a copy of the written order by the Board of Adjustment shall be mailed to the applicant at the address shown on the application and filed with the Board of Adjustment and to any other person who requests a copy thereof. c. Reconsideration: (ReserVed) d~ Record of Decision: Whenever a variance is approved by the Board of Adjustment, the Building Department shall forthwith make an appropriate record and shall inform the admil)istrative department having jurisdiction over the matter. (Amd. Ord. 483~:3-27- 2000) Draft Best Available Science Regulation Amendments,July 13, 2004 • ••••• • 184 7182 .183 7184 7185 7186 7187 7188 7189 7190 7191 7192 7193 7194 7195 7196 7197 7198 7199 7200 7201 _202 203 204 7205 7206 7207 7208 7209 7210 7211 7212 7213 7214 7215 7216 7217 7218 7219 • 20 221 13. Conditions of Approval: The Reviewing Official may prescribe any conditions upon the variance deemed to be necessary and required. (Amd. Ord. 4835, 3-27-2000) 14. Finalization: (Reserved) 15. Expiration of Variance Approval: Any variance granted by the Reviewing Official, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which.a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of tWo (2) years after such variance has been issued. For proper cause shown, an applicant may petition the Reviewing Official during the variance application review process, for an extension of the two (2) year period, specifying the reasons therefor. The time may be extended but shall not exceed one additional year in any event. (Amd. Ord. 4835,3-27-2000; Ord. 4851, 8-7-2000) 16. Extension of Approval: For proper cause shown, an applicant may petition the Reviewing Official for an extension of the approved expiration period established per subsection D15 of this Section prior to the expiration of the time period, specifying the reasons therefor. The Reviewing Official may extend the time limit, but such extension shall not exceed one additional year in any event. (Ord. 3463, 8-11-1980; Amd.Ord. 4648, 1-6- 1997; Ord. 4835,3-27-2000; Ord. 4851,8-7-2000) C. WAIVER PROCEDURES: 1. Authority for Waiver, General: (Reserved) 2. Authority for Waiver of Street Improvements: The Board of Public Works may grant waiver ofthe installation of street improvements subject to the determination that there is reasonable j~stification for such waiver. 3. Application and Fee: Any application for such a waiver shall specify in detail the reason for such requested waiver and may contain such evidence including photographs, maps, surveys as may.be pertinent thereto. The application fee shall be as specified in RMC 4-1- 170, Land Use Review Fees. 4. Decision Criteria, General: (Reserved) 5. Decision Criteria for Waivers of Street Improvements: Reasonable justification shall include but not be limited to the following: . a. Required street improvements will alter an existing wetlands or stream, or have a negative impact on a shoreline's area. . b. Existing steep topography would make required street improvements infeasible. c. Required street improvements would have a negative impact on other properties, such as restricting available access. d. There are no similar improvements in the vicinity and there is little likelihood that the improvements will be needed or required in the next ten (10) years. e. In no case shall a waiver be granted unless it is shown that there will be no detrimental effect on the public health, safety or welfare if the improvements are not installed, and that the improvements are not needed for current or future development. Draft Best Available Science Regulation Amendments, July 13, 2004 185 7222 7223 7224 7225 7226 7227 7228 7229 7230 7231 7232 7233 7234 7235 7236 7237 7238 7239 7240 7241 7242 7243 7244 7245- 7246 I 7247 7248 7249 7250 7251 7252 7253 7254 7255 7256 7257 7258 7259 D. MODIFICATION PROCEDURES: 1. Application Time and Decision Authority: Modification from standards, either in whole or in part, shall be subject to review and decision by the Planning/Building/Public Works Department upon submittal in writing of jurisdiction for such modification. (Amd. Ord. 4777, 4- 19-1999) 2. Decision Criteria: Whenever there are practical difficulties involved in carrying out the. provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code . impractical, and that the modification is inconformity with the intent and purpose of this Code, and that such modification: a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and b. Will not be injurious to other property(s) in the vicinity; and c. Conform to the intent and purpose of the Code; and d. Can be shown to be justified and required for the use and situation intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. (Ord. 4517, 5-8- 1995) 3. Additional Decision Criteria Only for Centers Residential Bonus District: For a modification to special development standards in the Centers Residential Bonus District RMC 4-3-095B3, the Department shall rely on the recommendations contained within the report on design criteria for modifications prepared by the Economic Development, N~ighborhoods and Strategic Planning Administrator or designee as the basis for approval or denial of the request. In addition to the criteria in subsection 02 of this Section, the request for modification in the Centers Residential Bonus District shall meet all of the following criteria: 8. Project uses a modified street grid system where most buildings front on a street. Where no public streets exist, a private street grid system within the project is provided. b. Project orients residential developments tothe street and has primary building entries· facing the street. Entries are identified with a prominent feature or detail. c. Parking garages are deSigned in a way which does not dominate the facade of the' residential building. When garages must be located with vehicular access in the front due to physical constraints of the property, they are stepped back from the facade of the building. . d. Parking lots are oriented to minimize their visual impact on the site and are designed. so that the size and landscaping support the residential character of the developments in contrast to adjacent or abutting commercial areas. e. Project provides direct pedestrian access from the street fronting the building and from' the back where parking is located. '. Draft Best Available Science Regulation Amendments, July 13, 2004 • •• • 186 7260 • 261 262 7263 7264 7265 7266 7267 7268 7269 7270 7271 7272 7273 7274 7275 7276 • 277 278 7279 7280 7281 7282 7283 7284 7285 7286 7287 7288 7289 7290 7291 7292 7293 7294 7295 7296 7297 • f. Walkways through parking areas are well defined and provide access from public sidewalks into the site. Walkway width is a minimum of five feet (5 ). Pavers, changes in color, texture or composition of paving are used. g. Pedestrian connections are provided to the surrounding neighborhood. h. Distinctive building design is provided. No single architectural style is required; however, r~liance on standardized "corporate" or "franchise" style is discouraged. i. Exterior materials are attractive even when viewed up close. These materials have texture, pattern, or lend themselves to a high level of quality and detailing. j. A consistent visual identity is applied to all sides of buildings which can be seen by the general public. k. A superior level of quality is provided for materials, detailing and window placement. I. At least one of the following features is incorporated in structures containing three (3) or more attached dwellings: i. For each dwelling unit, provide at least one architectural projection not less than two feet (2 ) from the wall plane and not less than four feet (4 ) wide, or ii. Incorporate building modulation to reduce the overall bulk and mass of buildings, or iii. Vertical and horizontal modulation of roof lines and facades of a minimum of two feet (2 ) at an interval of a minimum of forty feet (40 ) on a building face or an equivalent standard which adds interest and quality to the project. (Ord. 4777, 4-19- 1999; Amd. Ord. 4963,5-13-2002) . . . . 4. Additional Decision Cri~eria Only for Center Office Residential 3 (COR 3) Zone: For a modification to special upper story setback standards in the COR 3 Zone, RMC 4-2-120B, the Department shall rely on the recommendations contairied within the Report on Design Criteria for Modifications prepared by the Economic Development, Neighborhoods and, Strategic Planning Admiriistrator or designee as the basis for approval or denial of the request. In addition to the criteria in subsection D2 of this Section, the request for modification in the COR 3 Zone requirements for upper story setbacks shall meet all of the following criteria: a. In com'parison to the standard upper story setbacks, the proposed building design will achieve the same or better results in terms of solar access to the public shoreline trails/open space and publicly accessible plazas; the building will allow access to sunlight along the public trail/open space system and plazas abutting the shoreline during daytime and seasonal periods projected for peak utilization by pedestrians. b. The building will create a step in perceived height, bulk and scale in comparison to buildings surrounding the subject building. (Amd. Ord. 4802,10-25-1999) E. ALTERNATE PROCEDURES: 1. Authority: The provisions of this Title are not intended to prevent the use of any material or method of construction or aquifer protection not specifically prescribed by this Title, Draft Best Available Science Regulation Amendments, July 13, 2004 187 7298 7299 provided any alternate has been approved and its use authorized by the Planning/Building/Public Works Administrator. 7300 2. Decision Criteria: The Administrator may approve any such alternate, provided he/she 7301 finds that the proposed design and/or methodology is satisfactory and complies with the 7302 provisions of this Title and that the material, method or work offered is, for the purpose 7303 intended, at least the equivalent of that prescribed in this Title in suitability, strength, 7304 effectiveness, durability, safety, maintainability and environmental protection. (Amd. Ord. 7305 4851,8-7-2000) 7306 3. Substantiation: The Department Administrator shall require that sufficient evidence or 7307 proof be submitted to substantiate any claims that may be made regarding its use. (Amd. 7308 Ord. 4851, 8-7-2000) 7309 4. Record of Decision: The details of any action granting approval of an alternate shall be 7310 written and entered in the files of the Code enforcementagency. (Ord. 4367,9-14-1992) 7311 F. ABSENCE OF VALID SCIENTIFIC INFORMATION: 7312 7313 7314 7315 Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty ab'out the risk to critical area function of permitting an alteration of or impact to the critical area. the Responsible Official shall: 7316 7317 7318 7319 . 7320 1. Take, a ~precautionary or a no-risk approach." that appropriately limits development and land use activities until the uncertainty is sufficiently resolved, or determine that protection can be ensured by using an approach different ,from that derived from the best available science provided that the applicant demonstrates on the record how the alternative approach will protect the functions and values of the critical area; and . 7321 2. Reguire application of an effective adaptive management program that relies on scientific methods 7322 to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive 7323 management program is a formal and deliberate scientific approach to taking action and obtaining 7324 information in the face of uncertainty. An adaptive management program shaH: . 7325a. Address funding for the research component of the adaptive management program; 7326 b. Change. ,course based on the results and . interpretation of new information that resolves 7327 uncertainties; and . " 7328 c .. Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and 7329 nonregulatory actions affecting protection of critical areas and anadromous fisheries. 7330 rEmmr~ete: Based on review of State Example Code.l 7331 Draft Best Available Science Regulation Amendments, July 13, 2004 188 • • • _ 7331 332 333 7334 7335 7336 7337 7338 7339 7340 7341 7342 7343 7344 7345 7346 7347 7348 7349 7350 7351 . 7352· • 353 354 7355 7356 7357 7358 7359 7360 7361 7362 7363 7364 7365 7366 7367 7368 7369 7370 7371 7372 .... 373 ..,374 Chapter 10 LEGAL NONCONFORMING STRUCTURES, USES AND LOTS 4-10-050 NONCONFORMING STRUCTURES: A. NONCONFORMING STRUCTURES -GENERAL: Any legally established building or structure may remain, although such structure does not conform with the provisions of the Renton Municipal Code; provided the following conditions are met: . 1. Not Vacant or Left Abandoned: The nonconforming buildings or structures do not have historic significance, and have not been vacant for two (2) ormore years, or have not been abandoned. 2. Unsafe Structures: The structure is kept in a safe and secure condition. 3. Alterations: A legal nonconforming structure shall not be altered beyond the limitations specified below: a. Structures with Rebuild Approval Permits: Alteration work exceeding an aggregate cost of one hundred percent (100%) of the value of the building or structure shall be allowed if: (1) the building or structure is made conforming by the alterations; or (2) the alterations were imposed as a condition of granting a rebuild approval permit; or (3) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a rebuild approval permit, pursuant to RMC 4-9-120. 'b; Other Legal Nonconforming Structures: The cost of the alterations shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure, based upon its most recent assessment or appraisal, unless the amount over fifty percent (50%) is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase .any nonconforming condition. 4. Enlargement: The structure shall not be enlarged unless the enlargement is conforming or it is consistent with the provisions of a rebuild approval permit issued for it. a. Wireless Towers and Antennas: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Title shall not be deemed to constitute the expansion of a nonconforming use or structure. 5. Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when damaged by fire, explosion, or act of God, subsequent to the date of these regulations and subject to the following conditions: a. Legal Nonconforming Structures with Rebuild Approval Permits: Restoration or reconstruction work exceeding one hundred percent (100%) of the latest appraised value of the building or structure closest to the time such damage occurred shall be allowed if it is: (1) a condition of granting the rebuild Draft Best Available Science Regulation Amendments, July 13, 2004 189 7375 7376 7377 7378 7379 7380 7381 7382 7383 7384 7385 7386 7387 7388 7389 7390 . 7391 7392 7393 7394 7395 7396 7397 7398 7399 7400 7401 7402 7403 7404 7405 7406 7407 . 7408 7409 7410 7411 7412 7413 7414 7415 7416 7417 7418 approval permit pursuant to RMC 4-9-120; and/or (2) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs; and/or (3) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority; and/or (4) necessary to conform to the regulations and uses specified in this Title. b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, unless required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority otherwise any restoration or reconstruction shall conform to the regulations and uses specified in this Title. c. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to itS same size, location, and height on the same site, subject to all relevant fire and life safety codes. Restoration improvements shall commence within two years of the damage, and . shall continue in conformance with approved building or construction permits, otherwise the structure shall lose its restoration authorization and status. B. R-10 AND R-14 ZONE RESIDENTIAL STRUCTURES CONSIDERED CONFORMING: Residential structures that existed or that were developed in accordance with vested land use permits prior to the effective date of this section (6-17-1996) shall be considered to be conforming structures. Such structures may be replaced, renovated, and/or expanded pursuant to the . provisions of the R~14 Zone; (Ord. 4963, 5-13-2002) 4-10-060 NONCONFORMING USES: Any legally established use existing at the time of enactment of this Code may be continued, although such use does not conform with the provisions of the Renton Municipal Code, provided the follow'ing conditions are met: . A. ABANDONMENT: The use is not abandoned. A legal nonconforming use (of a building or preniises) which has been abandoned shall not thereafter be resumed. A nonconforming use shall be considered abandoned when: 1. The intent of the owner to discontinue the use is apparent, and discontinuance for a period of one year or more shall be prima facie evidence that the nonconforming use has been abandoned; or . 2. It has been replaced by a conforming use; or 3. It has been changed to another nonconforming use under permit from the City or its authorized representative. B. RELOCATION: The use is not relocated. A legal nonconforming use of a building or premises which has been vacated and moved to another location, or discontinued,shall not be allowed to reestablish itself excepUn compliance with the development regulations .. C. CHANGES TO A DIFFERENT NONCONFORMING USE: The use is not changed to a different nonconforming use.To qualify as a continuation of an existing, nonconforming use, a replacement nonconforming use shall: Draft Best Available Science Regulation Amendments, July 13, 2004 • • • 190 7419 .420 7421 7422 7423 7424 7425 7426 7427 7428 7429 7430 7431 7432 7433 7434 7435 7436 7437 • 38 39 440 7441 7442 7443 7444 7445 7446 7447 7448 7449 7450 7451 7452 7453 7454 7455 7456 7457 7458 7459 • 460 461 1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and 2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and 3. Not increase the nonconformance of the use; and 4. Not create a new type of nonconformance. D. EXTENSION OR ENLARGEMENT: The use is not enlarged or extended. 1. Extension/Enlargement Outside Building: The use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel. The use shall not be relocated in whole or in part to any other part of the parcel. 2. Extension/Enlargement Within Building: Provided the use complies with subsections E and F of this Section, Alterations to Legal Nonconforming Use, a nonconforming use housed in part of a single-tenant building may be extended throughout the building, but the building. shall not be enlarged or added to. A nonconforming use in a multi-tenant building shall not be expanded into space vacated by other tenants and shall also comply with subsections E and F. 3. Additional Development on Property Containing Nonconforming Use: No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. Additional . developm·entof any property on which a legal nonconforming use exists shall require that all .new uses conform to the provisions of the Renton Municipal Code. E. ALTERATIONS TO LEGAL NONCONFORMING USE WITHOUT STRUCTURAL ALTERATION: Alterations to a legal nonconforming use are only permitted when they do not expand or enlarge a use consistent with subsection 0 of this Section, Extension or Enlargement. The modification shall not increase the nonconformance of the use, nor create a new type of nonconformance. . F. ALTERATIONS TO LE~Al NONCONFORMING USE WITH STRUCTURAL ALTERATION: Alterations to a structure housing a nonconforming use shall not be altered beyond the . limitations specified below, and shall conform to subsection Dof this Section, Extension or Enlargement: 1. Structures.with Rebuild Approvai Permits Housing a Nonconforming Use: Alterations exceeding an aggregate cost of one hundred percent (100%) of the value of the building or structure or site improvements housing or supporting the use shall be allowed if: (a) the building or structure is made conforming by the alterations; or (b) the alterations were imposed as a condition of granting a rebuild approval permit; or (c) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a rebuild approval permit, pursuant to RMC 4-9-120. 2. Other Legal Structures Housing a Nonconforming Use: The cost of the alterations shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure or site improvements, based upon its most recent assessment or appraisal, Draft Best Available Science Regulation Amendments, July 13, 2004 191 7462 7463 7464 7465 7466 7467 7468 7469 7470 7471 7472 7473 7474 7475 7476 7477 7478 . 7479 7480 7481 7482 7483 7484 7485 7486 7487 7488 7489 . 7490 7491 7492 7493 7494 7495 7496 7497 7498 7499 7500 7501 7502 7503 7504 unless the amount over fifty" percent (50%) is used to make the use, building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition. . G. RESTORATION:·· Nothing in this Chapter shall prevent the restoration or continuance of a nonconforming use damaged by fire, explosion, or act of God, subsequent to the date of these regulations, or amendments thereto, subject to the following conditions and conforming to subsection 0 of this Section, Extension or Enlargement: 1. Legal Nonconforming Uses with Rebuild Approval Permits: Restoration work exceeding one hundred percent (100%) of the latest appraised value of the building or· structure housing the use or site improvements supporting use (if not contained in a structure) closest to the time such damage occurred shall be allowed if it is: (a) a condition of granting the rebuild approval permit pursuant to RMC 4-9-120; and/or (b) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs; and/or (c) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority; and/or (d) necessary to conform to. the regulations and uses speCified in this Title. 2. Other Legal Nonconforming 'Uses: The work shall not exceed fifty percent (50%) of the latest appraised value of the building or structure housing the nonconforming use or site improvements supporting use (if not contained in a structure) at the time such damage occurred. 3. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes. Restoration improvements shall commence within two years of the damage, and shall continue in conformance with approved building or construction permits, otherwise the structure shall lose its restoration authorization and status. H. AMORTIZATION OF ADULT USES: For amortization of legal nonconforming adult entertainment, activity, use,or retail use, see RMC 4-3-010E. (Ord. 4963,5-13-2002) 4-10-090 CRITICAL AREAS REGULATIONS -NONCONFORMING ACTIVITIES AND STRUCT,URES: A legally nonconforming, regulated activity or structure that was in existence or approved or vested prior to the passage of the Critical Area Regulations, RMC 4-3-050, and to which significant economic resources have been committed pursuant to such apprbval but which is not in conformity with the provisions of RMC 4-3-050 may be continued; provided, that: 1.No such legal nonconforming activity or structure shall be expanded, changed,enlarged or' altered in any way that infringes further on the critical area that increases the extent of its nonconformity with this Section without a permit issued pursuant to the provisions of RMC 4-3-050" . . . -' ·2. Except for cases of on-going agricultural uses, if a nonconforming activity is discontinued pursuant to RMC 4-10-01 OC arid D, any resumption'of the activity shall conform to this Section; . Draft Best Available Science Regulation Amendments, July 13, 2004 192 '. • • 7505 • 506 507 7508 7509 7510 7511 7512 7513 7514 7515 7516 7517 7518 7519 7520 7521 7522 7523 7524 7525 7526 7527 7528 7529 • 530 531 7532 • 3. Except for cases of on-going agricultural use, if a nonconforming use or activity or structure is destroyed by human activities or an act of God, it shall not be resumed or reconstructed except in conformity with the provisions of RMC 4-3-050; 4. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 4963,5-13-2002) 4-10-100 SHORELINE MASTER PROGRAM -NONCONFORMING USES, ACTIVITIES, AND STRUCTURES: A shoreline use or development which was lawfully constructed or established prior to the effective date of the Renton Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program, may be continued provided that: A. Nonconforming Structures: Nonconforming structures shall be governed by RMC 4-10-050. B. Nonconforming Uses. Nonconforming uses shall be governed by RMC 4-10-060. C. Pre-Existing Legal Lot: Reserved. ~etm When nonconforming use and development standards do not exist in the applicable master program, WAC 173-27-080 applies. Renton's SMP has not contained nonconforming regulations and to this date would have been governed by the WAC. These regulations are important when considering modifications to existing development. For consistency purposes, the proposal would apply the standard Renton Nonconforming Regulations to lands subject to the Shoreline Master Program.] 4-10400-110 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for:any violations of any of the provisions of this Chapter shall be in accord with chapter 1-3 RMC. (Ord. 4963,5-13-2002) Draft Best Available Science Regulation Amendments, July 13, 2004 193 ~! 7535 7536 7537 7538 7539 7540 7541 7542 7543 7544 7545 7546 7547 7548 7549 7550 7551 7552 7553 7554 7555 7556 7557 7558 7559 .~ 7562 7563 7564 7565 7566 7567 7568 7569 7570 7571 7572 7573 7574 7575 7576 7577 7578 7579 7580 7581 7582 7583 7584 7585 • ~ 7588 7589 Chapter 11 DEFINITIONS CHAPTER GUIDE: Definitions for terms used throughout this Title are primarily grouped in chapter 4-11 RMC. A few chapter-specific definitions can be found in individual chapters, but are cross-referenced here. For the purpose of this Title, the following words, terms, phrases and their derivations shall have the meaning given herein, unless the context otherwise indicates. rlieJitatJI&'O.t'Et Shaded definitions (fully shaded) below are from the Renton SMP.] 4-11-010 DEFINITIONS A: ABANDONMENT OF UNDERGROUND STORAGE FACILITIES: See RMC 4-5-120G. ABUTTING: Lots sharing common property lines or easements. ACCESS EASEMENT: See EASEMENT, ACCESS. ACCESSORY BUILDING: A subordinate building located upon the same lot occupied by a principal use or building with which it is customarily associated, but clearly incidental to. ACCESSORY DWELLING UNIT: See DWELLING UNIT, ACCESSORY. ACCESSORY USE, AGRICULTURE OR ANIMAL HUSBANDRY: Subordinate and incidental uses, typically located upon the same lot, which support the agricultural or animal husbandry use of a site including, but not limited to the storage of agricultural products and equipment, and the sheltering of animals. ACCESSORY USE, COMMERCIAUINDUSTRIAUPUBLIC/COMMUNITY FACILITY: A use typicaily subordinate in size to the principal commercial, industrial, public, community facility, .or other similar principal use; that would notcon·tribute significantly to traffic generation, noise, or nuisance; and that supports the primary use operation without displacing it. Uses are typically located upon the same lot occupied by a principal use. ACCESSORY USE, RESIDENTIAL: A subordinate use, which supports the principal residential use without displacing it, typically located upon the same lot occupied by the principal residential use with ·which it is customarily associated, but clearly incidental to. The accessory use is typically subordinate in size and supports the principal residential use without displacing it. ADJACENT: Lots located across a street, railroad, or right-of-way, except limited access roads. ADMINISTRATIVE HEADQUARTERS OFFICE: A use containing one or more of the day-to-day functions (e.g., management, payroll, information systems, inventory control) related to the operation of a company or affiliated corporate group . ADMINISTRATOR: The Administrator of the Departmentof Planning/Building/Public Works of the City, or any successor office with responsibility for managementof the public properties within the City of Renton, or his/her designee. Draft Best Available Science Regulation Amendments, July 13, 2004 194 7590 7591 7592 7593 7594 7595 7596 7597 7598 7599 7600 7601 7602 7603 7604 7605 7606 7607 7608 7609 7610 7611 7612 7613 7614 7615 7616 7617 7618 7619 7620 7621 7622 7623 7624 7625 7626 7627 7628 7629 7630 7631 7632 7633 7634 7635 7636 7637 7638 7639 7640 7641 ,7642 7643 '7644 7645 7646 ADULT DAY CARE/HEALTH: A program designed to meet the needs of adults with functional impairments through an individualized plan of care. It is a structured, comprehensive program that provides a variety of health, social, and related support services in a protective setting during any part of a day for a minimum of four (4) hours, but less than twenty four (24) hour care. While beds may be provided for rest periods, adult day care/health uses are not intended to function as residential facilities. A number, where specified, is the maximum number of clients present at anyone period of time during the program operation. Adult day care/health programs are sLibclassified as follows: A. Adult Day Care/Health Category I: A maximum of four (4) clients upon a property containing a residential use; and a maximum of twelve (12) clients upon a property in nonresidential use. B. Adult Day Care/Health Category II: Five (5) or more clients upon a property containing a residential use; and thirteen (13) or more clients upon a property in nonresidential use. ADULT ENTERTAINMENT BUSINESS: 1. Any enterprise which, for money or any other form of consideration, features "adult live entertainment" as defined herein; or 2. Any "adult motion picture theater" as defined herein; or 3. Any adult arcade containing'individua'i viewing areas or stations or booths, where for money or any other form of consideration one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines are used to show films, motion pictures, video cassettes, slides or other photographic reproduction of specified sexual activities or specified anatomical areas. ADULT FAMILY HOME: A state-licensed facility providing personal care, room and board within a dwelling unit to more than one person,but not more than four (4) adults, not related by blood or marriage to the person(s) providing the service. A maximum of six (6) adults may be permitted if the Washington State Department of Social and Health Services determines the home is of adequate size and the home and provider are capable of meeting standards and qualifications as provided for in chapters 79.128 RCW . and 388-76 WAC. . ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized' by specifie9 sexual activities as defined in RMC 4-11-190. This definition includes, but is not limited to, , peep shows. . , ADULT MOTION PICTURE THEATER: An enclosed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media for observation by patrons there, distinguished or characterized by an emphaSis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. . ADULT RETAIL USE: A retail establishment which, for money or any other form of consideration, either: (a) has as one of its prinCipal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise; or (b) provides, as its substantial stock .in trade, for the sale, eXChange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise. . ADULT-ORIENTED MERCHANDISE: Any goods, products, commodities, or other wares, including but not limited to, videos, CD roms, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities. This definition is not intended to include movies rated R by the Motion Picture Association of Americaor its successor organization. AFFORDABLE HOUSING: Housing used as a primary residence for any household whose income is less than eighty percent (80%) of the, median annual income adjusted for household size, as determined by Draft Best Available Science Regulation Amendments, July 13, 2004 195 • • • ~~ ~9 7650 7651 7652 7653 7654 7655 7656 7657 7658 7659 7660 7661 7662 7663 7664 7665 7666 7667 7668 7669 7670 7671 7672 7673 • 4 T67~ 7677 7678 7679 7680 7681 7682 7683 7684 7685 7686 7687 7688 7689 7690 7691 7692 7693 7694 7695 7696 7697 7698 7699 .~~ .2 7703 the Department of Housing and Urban Development (HUD) for the Seattle Metropolitan Statistical Area, and who pay no more than thirty percent (30%) of household income for housing expenses. AGRICULTURE: Use of land for growing crops for sale or consumption. This use includes the necessary accessory uses for packing, treating, or storing the produce provided that the operation of the accessory use is clearly incidental to the agricultural activity. This definition includes but is not limited to produce farms and Christmas tree farms. This definition excludes nurseries and animal husbandry. AIR GAP: See RMC 4-6-100. AIRPLANE SALES AND REPAIR: Facilities where airplanes are displayed for sale and/or brought for repair services. AIRPORT HAZARD: Any structure, tree or use of land which obstructs the ,air space required for the flight o. of aircraft in landing or taking off at the airport or is otherwise hazardous to landing or takeoff of aircraft. 0 AIRPORT, MUNICIPAL: Any area of land or water designated and designed for aircraft to land and take off, with accessory areas forstorage, refueling and repair of aircraft, various accommodations for passengers, and other airport-related uses. ALLEY: A vehicular right-of-way not over thirty feet (30 ) wide which is not designed for general travel and primarily used as means of vehicular and pedestrian access to the rear of abutting properties. ANIMAL HUSBANDRY: The raising of domesticated animals other than common household pets. ANIMALS, LARGE: Horses, ponies, cows, llamas, oxen, buffalo, deer, and other animals of similar size and characteristics . ANIMALS, MEDIUM: Goats, sheep, pigs and other animals of simili;lr size and characteristics. ANIMALS, SMALL: Rabbits, chickens, ducks, geese, and other animals of similar size and characteristics. APPEAL: A request for a review of any action pursuant to this Title, or of the interpretation of any provision of the Title by any City official. APPLICANT: A person who files an application of permit under this Title and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who WOUld. actually control and direct the proposed activity, or the authorized agent of such a person. APPROVED: See RMC 4-6-100. AQUIFER: A geological unit of porous and permeable rock, sand or gravel capable of yielding usable. amounts of water. AQUIFER PROTECTION AREA (APA): Shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as defined in RMC 4-3-050B, Applicability -Critical Areas Designations/Mapping, and depicted in RMC 4-3-050Q1, Maps, Aquifer Protection. AQUIFER PROTECTION AREA PERMIT: An authorization by the Department for a person to store, handle, treat, use or produce a hazardous material within an APA. The two (2) types of permits that will be issued pursuant to RMC 4-9-015, Aquifer Protection Areas Permits, and RMC 4-3-050, Critical Areas Regulations, are an operating permit and a closure permit. Draft Best Available Science Regulation Amendments, July 13, 2004 196 I 7704 7705 7706 7707 7708 7709 7710 7711 7712 7713 7714 7715 7716 7717 7718 7719 7720 7721 7722 7723 7724 7725 7726 .7727 7728 7729 7730 7731 7732 7733 7734 7735 7736 7737 7738 7739 7740 7741 7742 7743 7744 7745 7746 7747. 7748 7749 7750 7751 7752 7753 7754 7755 7756 7757 7758 7759 ARTERIAL: A street classified as a principal arterial on the City's Arterial Street Plan. ARTERIAL PASS-THROUGH TRAFFIC: Traffic that has neither an origin nor destination in an affected area which is diverted from an arterial road. ARTICULATION: The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm dividing large buildings into small~r identifiable pieces. ARTIFICIAL CHANNEL means a stream channel that is entirely manmade but does not include relocated natural channels. ARTS AND CRAFTS SCHOOLS/STUDIOS: See SCHOOLS/STUDIOS, ARTS AND CRAFTS. ASSEMBLY AND PACKAGING OPERATIONS: A facility where pre-manufactured components are assembled to construct a product. Products may be packaged and moved off-site for wholesale or retail sale. This use includes but is not limited to assembly and packaging of computer, eiectronics, office equipment, chemicals and allied products, fabricated metal products, and other products. AUTOMOBILE: See VEHICLE. . AUXILIARY WATERSUPPLY: See ~MC 4-6-100. . . AVERAGE DAILY TRAFFIC (ADT): The average number of motor vehiCles crossing in one direction per working day for any continuous thirty (30) day period. . AVERAGE HORIZONTAL ILLUMINATION: The quantity of light measured at the pavement surface and averaged over the traveled lanes expressed in foot-candles. . . AWNING: A shelter, typically for a pedestrian walkway, that projects from and is supported by. the exterior wall of a building. Awnings have noncombustible frames, but may have combustible coverings. Awnings may be fixed, retractable, folding or collapsible. Any structure which extends above any adjacent parapet or roof of a supporting building is" not included within the definition of awning. (Ord. 3758,12-5-1983; Ord. 3891, 2-25-1985; Ord. 3981,4-7-1986; Ord. 4346, 3-:9-1992; Ord. 4367, 9- 14-1992; Ord. 4521, 6-5-1995; Ord. 4522, 6-5-1995; Ord. 4636, 9-23-1996; Ord. 4651,1-27-1997; Ord. 4680,9-22-1997; Ord. 4716, 4-13-1998; Ord. 4720,5·:-4-1998; Ord. 4821,12-20-1999; Ord. 4827,1-24- 2000; Ord. 4828, 1:-24-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963,5-13-2002) 4-11-020 DEFINITIONS B: BACKFLOW: See RMC 4-6-100. BACKFLOW PREVENTER: See RMC 4-6-100. BACKGROUND AREA: The ,entire face of a sign upon which text and/or graphics could be placed. BACKSIPHONAGE: See RMC 4-6-100. BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any gi"ven year. Also referred to as the "one hundred (100) year flood." Designation on flood maps always includes the letters A or V. BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. . . . Draft Best Available Science Regulation Amendments, July 13, 2004 197 • ". • ~~ ~2 7763 7764 7765 7766 7767 7768 7769 7770 7771 7772 7773 7774 7775 . 7776 7777 7778 7779 7780 7781 7782 7783 7784 7785 7786 .~ 7789 7790 7791 7792 7793 7794 7795 7796 7797 7798 7799 7800 7801 7802 7803 7804 7805 7806 7807 7808 7809 7810 7811 7812 4113 [4 15 7816 BASEMENT (This definition for RMC4-3-050, flood hazard regulations, use only.) means any area of the building having its floor subgrade (below ground level) on all sides. BED AND BREAKFAST HOUSE, ACCESSORY: Overnight accommodations and a morning meal in a dwelling unit with less than four (4) guest rooms provided to transients for compensation. Accessory bed and breakfast houses are proprietor-occupied, or the proprietor lives on a contiguous property, and morning meals are provided to the house residents and the overnight guests only. This definition does not include congregate residences, professional bed and breakfast houses, hotels, or motels. BED AND BREAKFAST HOUSE, PROFESSIONAL: Overnight accommodations and a morning meal in a dwelling unit with four (4) to ten (10) guest rooms provided to transients for compensation. Professional bed and breakfast houses are proprietor-occupied, or the proprietor lives on a contiguous property, and morning meals are provided to the house residents and the overnight guests only. This definition does not include congregate residences, accessory bed and breakfast houses, hotels, or motels. BEDROCK: In-place subsurface material consisting of solid rock. BEEKEEPING: Keeping of bees. BEST MANAGEMENT PRACTICES, WETLANDS: Conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment; 2 .. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the. chemical, physical and biological characteristics of wetlands; and 3. Includes allowing. proper use and storage of fertilizers/pesticides. BINDING SITE PLAN: A drawing as authorized by chapter 58.17 RCW, 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 inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established I;ly the City; and 3. Contains provisions requiring site development to be in conformity with the approved binding site plan. (Ord. 4954, 2-11-2002) BIG-BOX RETAIL: See RETAIL, BIG-BOX. BLOCK: A block consists of two (2) facing block fronts bounded on two (2) sides by alleys or rear property lines and on two (2) sides by the centerline of platted streets, with no other intersecting streets ' intervening. BLOCK FRONT: A block front is the frontage of property along one side of a street bound on three (3) sides by the centerline of platted streets and on the fourth side by an alley or rear property lines. BOARDING HOUSE: See CONGREGATE RESIDENCE. BODY SHOP: An establishment which conducts any of the following operations: Draft Best Available Science Regulation Amendments, July 13, 2004 198 I 7817 7818 7819 7820 7821 7822 7823 7824 7825 7826 7827 7828 7829 7830 7831 7832 7833 7834 7835 7836, 7837 7838 7839 7840 7841 7842 7843 7844 7845 7846 7847 7848 7849 7850 7851 7852 7853 7854 7855 7856 7857 7858 7859 7860 7861 7862 , 7863 7864 7865 7866 7867 7868 '7869 . 7870 7871 7872 7873 1. Collision repair services, including body, frame or fender straightening, repair, or replacement; and/or 2. Overall painting of vehicles or painting of vehicles in a paint shop, but excluding minor painting with an airbrush or roller brush utilized in customizing or detailing operations; and/or 3. Welding, molding, and similar operations conducted on vehicles. BUFFER, CRITICAL AREA: A naturally vegetated and undisturbed, enhanced, or revegetated area that surrounds and protects a critical area from adverse impacts to its functions, and values, and/or which protects adjacent developed areas from potentially hazardous conditions. BUILDABLE AREA: The portion of a lot or site, exclusive of required yard areas, setbacks, landscaping "or open space within which a structure may be built.' , BUILDING: As defined by the Uniform Building Code. BUILDING: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Any structure having a roof intended to be used for the shelter or enclosure of persons, plants, animals or property. BUILDING CODE: The Uniform Building Code, promulgated by the Intemational Conference of Building Officials, as. adopted -by this jurisdiction. ' BUILDING COMPLEX, MULTIPLE: A group of structures housing more than one type of retail business, office or commercial venture and generally under one ownership and control. . BUILDING DRAIN: See RMC 4-6-100. BUILDING FACADE: That portion of any exterior elevation of a building extending from the grade to the top of the parapet wall or eaves, and the entire width of the building elevation. BUILDING FOOTPRINT: The area of a lot or site included within the surrounding exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof. BUILDING HEIGHT: The vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average h'eight of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: " 1. The elevation of the highest adjoining sidewalk or ground surface within a five foot (5 ) horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10) above lowest grade measured within a five foot (5 ) horizontal distance of the exterior wall of the building. 2. An elevation ten feet (10) higher than the lowest grade when the sidewalk or ground surface described in subsection A above is more than ten feet (10) above lowest grade measured within a five foot (5 ) horizontal distance of the exterior wall of the building. Draft Best Available Science Regulation Amendments, July 13, 2004 199 e -e 474 75 76 7877 7878 7879 7880 7881 7882 7883 7884 7885 7886 7887 7888 7889 7890 7891 7892 7893 7894 7895 7896 7897 7898 7899 7900 • i 7903 7904 7905 7906 7907 7908 7909 7910 7911 7912 7913 7914 7915 7916 7917 7918 7919 7920 7921 7922 7923 7924 7925 7926 a3,. 2~ • 9 BUILDING, MULTI-OCCUPANCY: A single structure housing more than one type of retail business, office, or commercial venture and generally under one ownership and control. BUILDING OFFICIAL: The officer or other person charged with the administration and enforcement of the UBC and the building-related provisions of this Title, or his duly authorized deputy. BUILDING, SINGLE OCCUPANCY: A building occupied by a single tenant. A building is considered to be "single occupancy" if: 1. It has only one occupant; and 2. It has no wall in common with another building; and 3. It has no part of its roof in common with another building. BULK STORAGE: See STORAGE, BULK. BUSINESS FACADE: That portion of an exterior building wall owned or leased by a business. . . . ' (Ord. 3719, 4-11-1983; Ord. 3758,12-5-1983; Ord. 4071, 6-1-1987; Ord. 4346,3-9-1992; Ord. 4651,1- 27-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4720,5-4-1998; Ord. 4835, 3-27-2000; Ord . 4851,8:-7-2000; Amd. Ord. 4963, 5-13-2002) 4-11-030 DEFINITIONS C: CALIPER: The diameter of any tree trunk as measured at a height of four and one-half feet (4-1/2 ) above the grqund on the upslope side of the tree. . CANOPY, BUILDING: A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities cmd by columns or posts embedded in the ground.atother points or extremities. Any structure which extends above anyadjacent parapet or roof of supporting building is not included within the definition of building canopy. CAR: See VEHICLE. . . . . CAR WASH: A structure with machine-operated or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles. CARD ROOM: A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. CARETAKER'S RESIDENCE: A dwelling unit located on the site of a nonresidential use and occupied only by a caretaker or guard employed on the premises, and consisting of only one residence per permitted establishment. CARPOOL: A group of people traveling to the same or relatively nearby locations in the same vehicle . Draft Best Available Science Regulation Amendments, July 13, 2004 200 7930 7931 7932 7933 7934 7935 7936 7937 7938 7939 7940 7941 7942 7943 7944 7945 7946 7947 7948 7949 7950 7951 7952 7953 7954 7955 7956 7957 7958 7959· }960 7961 7962 7963 7964 7965 7966 7967 7968 7969' . 7970 7971 7972 7973 ·7974 7975 7976 7977 7978 7979 7980 7981 7982 7983 7984 7985 7986 CARPORT: A roofed structure, enclosed on less than three sides, without interior parking aisles, for the purpose of storing motor vehicles. CEMETERY: Property used for interring of the dead. This definition includes accessory buildings, crematories, and mausoleums. .. CENTER, EMPLOYMENT: An area of higher intensity uses that typically employ thousands of people that is contained by a boundary to prevent it from encroaching on adjacent areas and/or neighborhoods. CERTIFIED: A facility and staff qualified and able to provide certain tests and measurements relating to speCific tasks and based upon established standards. CITY COUNCIL: The City Council of the City of Renton, Washington. CITY GOVERNMENT OFFICES: Offices for City administration and or provision of services to the public. This definition includes but is not limited to City Hall. CIVIL ENGINEER: A professional engineer registered in the State to practice in the field of civil works. . . . CLEAR VISION AREA: The area bounded by the stree~ property lines of corner lots and a line joining pOints along said street lines twenty feet (20 ) from their pOint of intersection. CLOSED RECORD APPEAL: An administrative appeal on the record to a local government body or officer including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. . CLOSURE OF UNDERGROUND STORAGE FACILITIES: See RMC 4-5-120G. CLUSTER, RESIDENTIAL: The placement of more than one building envelope on a single lot or parcel of land for the purpose of constructing single family residential dwelling units in either attached or detached construction arrangement, and where the property ownership outside the building enveiopes is commonly held hy all single fa~i1y dwellings on that lot or parcel of land. .. . COLLECTION POINT: In multiple family residences, commerciali industrial and other nonresidential . developments, the exterior location designation for garbage and recyclables collection by ~he City's' contractor or other authorized haulers. . COMBINED PUBLIC DETENTION: A stormwater detention system designed to accommodate runoff from both public streets and private property. . COMBINED SEWER: See RMC 4-6-100. COMMERCIAL"LAUNDRIES: A facility where clothing or other fabrics are washed, dried, or dry cleaned for other businesses or institutions. This definition does not include laundromats~ COMMERCIAL USE: A type of land use that includes commercial office activities, services and/or retail sales. . . COMMUNICATION BROADCAST AND RELAY TOWERS: Establishments that provide point-to-point communication services, whether by wire or radio, including radio and television broadcasting stations and the exchange or recording of messages. This definition excludes all terms related to wireless commuriication facilities. . Draft Best Available Science Regulation Amendments, July 13, 2004 201 • •• 7987 • 88 89 7990 7991 7992 7993 7994 7995 7996 7997 7998 7999 8000 8001 8002 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 414 15 16 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 8034 8035 8036 8037 8038 8039 8040 .~ 8043 COMPACTION: The densification of an earthen fill by mechanical means. COMPENSATION PROJECT: Actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, installation, monitoring and contingency actions. COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts, including, but not limited to wetlands restoration and creation/establishment, and wetland enhancement in conjunction with wetlands restoration or creation. COMPREHENSIVE PLAN: The plans, maps and reports that comprise the official development plan and twenty (20) year "vision" for the future physical design and character of the City as adopted by the City Council in accordance with chapter 35.63 RCW. CONDOMINIUM: Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to chapter 64.32 RCW. CONDOMINIUM CONVERSIONS: The filing of a declaration pursuant to the Horizontal Property Regimes Act, of the sale by a developer of condominium units that were previously rental units. CONFERENCE CEN~ERS: Facilities where large gatherings of people conveme to meet on a variety of subjects. These facilities are characterized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes sports arenas, auditoriums, and exhibition halls. CONGREGATE RESIDENCE: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy for other than a family. A congregate residence may include a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. (Amd. Ord. 4982, 9-23-2002) CONSERVANCY: A Shoreline Master Program land use designation identifying an area to be managed in"essentially its natural ,state while providing for a moder~te to low intensity of land uses surrounding the area. CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, remodeling, repair, and maintenance of structures, equipment, roads, and utilities; mining; grading; landfilling; and excavating. Construction activities may be regulated by permits issued by the City including, but not limited to, public works construction permits, building permits, and mining, excavation, and grading permits and licenses. CONSTRUCTION/CONTRACTOR'S OFFICE: An area where a construction contractor maintains its office, as well as storage for equipment and materials, for the construction and landscaping trades. CONTAINMENT DEVICE: A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. CONTAMINANT: See RMC 4-6-100. CONTIGUOUS PROPERTIES: Properties sharing a property line. Draft Best Available Science Regulation Amendments, July 13, 2004 202 I 8044 8045 8046 8047 8048 8049 8050 8051 8052 8053 8054 8055 8056 8057 8058 8059 8060 8061 8062 8063 8064 8065 8066 8067 8068 8069 8070 8071 8072 8073 8074 8075 8076 8077 8078 8079 ,8080 8081 , 8082 8083 8084 8085 8086 8087 8088 8089 8090 8091 8092 8093 8094 8095 8096 8097 8098 8099 8100 CONTINUOUS MONITORING: See RMC 4-5-120G. CONVALESCENT CENTERS: Facilities for patients who are recovering health and strength after illness or injury, or receiving long-term care for chronic conditions, disabilities, or terminal illness where care includes ongoing medical treatment, including hospice, and extended care facilities. This definition does not include retirement residences, adult family homes, group homes I and II, medical institutions, or secure community transition facilities. (Amd. Ord. 4982, 9-23-2002) CONVERTED BUILDING: Any condominium or cooperative which formerly contained rental dwelling units. COOPERATIVE: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: (a) is owned by an association organized pursuant to the Cooperative Association Act (chapter 23.86 RCW); or (b) is owned by an association with resident shareholders who are granted renewable leasehold interests in housing units in the building. COOPERATIVE UNIT: Any dwelling unit in a cooperative. COPY: The graphic content of a sign surface in either permanent or removable letter, pictographic, ' symbolic, or alphabetic form. ' ~~f&IID~~Bi~taRfonniaarr!a*(~_tttetW~:~tW.~ngim«~Ii!~~!Bai$1 COUNTY AUDITOR: As defined in chapter 36.22 RCW or the office of the person assigned such duties under the, King County Charter. CREEK: See STREAM, RIVER, CREEK, OR WATERCOURSE. CRITICAL AREAS: Wetlands, aquifer protection areas. fish and wildlife habitat. frequently flooded and geologically hazardous areas as defined by the Growth Management Act and Section 4-3-050, Critical Area Regulations.' in this Title. CRITIC.A,L AREAS: Areas of the City that may not be suitable for development and which are subject to ~Gity'&-GFitic3l areas rog.ulatioAS ffiGl.uGifl§ .veryffi§h laflds#Ele ~~ .a~~, ~ slopes, wetlands; ~;; reGhar§9 a;e;,~ andwi.;abitat, ShOfelines, o;f1~ay&.j¥oit9n.~ii The Growth Management Act has a broader definition of critical areas. and is provided in place of the more specific definition of critical areas which was defined to work with the net density defintion. See corresponding amendments to the net density definition below.] , CRITICAL FACILITY: A facility for which even a slight chance of flooding. high geologic hazard, or inundation in the areas of flood hazard or volcanic hazard might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency re~onseinstallations" and facilities that produce, use or store hazardous' materials or hazardous waste. r€rutW'ElSf«at§: Added based upon comparison to State ModeL] CRITICAL HABITAT or CRITICAL WILDLIFE HABITAT: Habitatareas associated with threatened, endangered, sensitive, monitored, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species would maintain and reproduce over the long term. See also RMC 4- 3-050B5b. " . CROSS CONNECTION: See RMC 4-6-1.00. CUL-DE-SAC: A vehicular turn-around at the end of a dead end street. CULTURAL FACILITIES: Facilities which offer passive entertainment and enjoyment activities to the general public. This definition includes, but is not limited to, museums and libraries. This definition Draft Best Available Science Regulation Amendments, July 13, 2004 203 • • ~01 02 03 8104 8105 8106 8107 8108. 8109 8110 8111 8112 8113 8114 8115 8116 8117 8118 8119 8120 8121 8122 8123 8124 8125 8126- 8127 ~~ 8131 8132 8133 8134 8135 8136 8137 8138 8139 8140 8141 8142 8143 - 8144 8145 8146 8147 8148 8149 8150 8151 8152 8153 ~1 Ys6 8157 excludes adult entertainment businesses, dance halls; dance clubs; religious institutions; and gaming/gambling facilities. CURB: A vertical curb and gutter section constructed from concrete. (Ord. 2820,1-14-1974; Ord. 3758,12-5-1983; Ord. 4056, 4-13-1987; Ord. 4346,3-9-1992; Ord. 4351, 5- 4-1992; Ord. 4426,11-8-1993; Ord. 4521,6-5-1995; Ord. 4522,6-5-1995; Ord. 4587, 3-18-1996; Ord. 4649,1-6-1997; Ord. 4691,12-1-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4720,5-4-1998; Ord. 4835,3-27-2000; Ord. 4851, 8'-7-2000; Ord. 4854, 8-14-2000; Amd. Ord. 4963, 5-13-2002) 4-11-040 DEFINITIONS D: DANCE CLUB: Any facility, restricted to adults over twenty one (21) years of age, at which dancing occurs, as a primary form of en-tertainment. This definition excludes adult entertainment businesses, entertainment clubs, and gaming/gambling facilities, dance halls and other establishments conducting public dances as defined in RM~ 5-13-1. DANCE HALL: Any place where a public dance, as defined in RMC 5-13-1, is conducted without restriction on age, or restricted to minors only. Dance halls are further regulated under RMC Title 5 and require a license to operate. This definition excludes adult entertainment businesses, dance clubs, entertainment clubs, and gaming/gambling facilities. DANGEROUS BUILDING: As defined by the "Uniform Code for the Abatement of Dangerous Buildings." DAY CARE CENTER: A day care operation licensed by the State of Washington (WAC 388-73-014), for thirteen (13) or more children in any twenty four (24) hour period, or any number of children in a nonresidential structure. This definition does not include adult day care/health. DAY CARE, FAMILY, HOME: A day care operation licensed by the State of Washington (WAC 388-73- 014), caring for twelve (12) or fewer children in any twenty four (24) hour period .within the~aregiver's place of residence. . .. DEDICATION: A deliberate appropriation of land by its owner for any general and public uses, reserving to himself/herself no other rights than such as are compatible with the full exercises and enjoyment of the public uses to which the property has been devoted. DEED OF DEDICATION: A formal dedication of right-of-way or easement to the City, to be approved by City Coi.mcil. . - DENSITY, GROSS: A measure of population, housing units, or building area related to land area, and expressed as a ratio, i.e., ~ne dwelling unit per acre, or one thousand (1,OOO) people per square mile. DENSITY, NET: Acalculation of the number of housing units and/or lots that would be allowed on·a property after critical areas, i.e. very high landslide hazard areas, protected slopes, wetlands, Class 1 to 4 . streams and lakes, or floodways, and public rights-of-way and legally recorded private access easements serving three (3) or more dwelling units, are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers and public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations. [t=Ctit0IS1tmj't~: Combines specific definition of critical areas with net density. The critical areas listed are those most sensitive where development is highly restricted. Other critical areas are protected and may or may not be able to be developed per the Critical Area Regulations, but density may not be deducted from them, e.g. erosion hazard areas, aquifer protection areas, and others not listed above. The list above reflects the application of the net density calculation in practice by the City Development Services Division.] DEPARTMENT: The Planning/Building/Public Works Department of the City of Renton. Draft Best Available Science Regulation Amendments, July 13, 2004 204 I 8158 8159 8160 8161 8162 8163 8164 8165 8166 8167 8168 8169 8170 8171 8172 8173 8174 8175 8176 8177 8178 8179 8180 8181 8182 . 8183 8184. 8185· 8186 8187 8188 8189 8190 8191 8192 8193 .8194 8195 .8196 8197 8198 8199 8200 8201' 8202 8203 8204 8205 8206 '8207 8208 8209 8210 8211 8212 8213 8214 DEPARTMENT ADMINISTRATOR: See ADMINISTRATOR. · DESIGNATED ZONE FACILITY: Any hazardous waste treatment and storage facility that requires an interim or final status permit under rules adopted under chapter 70.105 RCW and that is not a "preempted . facility" as defined in HCW 70.105.010. DETENTION/RETENTION FACILITIES: Facilitiesdesigned either to hold runoff for a short period of time and then release it to the point of discharge at a controlled rate or to hold water for a considerable length of time during which the volume is reduced through evaporation, evapotranspiration by plants, or infiltration into the ground. ' DETERMINATION OF NONSIGNIFICANCE (DNS): The written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required (WAC 197-11-310 and 197-11-340). The DNS form is in WAC 197~1;1-970. DETERMINATION OF NONSIGNIFICANCE, MITIGATED (MDNS): A DNS that includes mitigation measures and is issued as a result of the process specified in WAC 197-11-350. DETERMINATION OF SIGNIFICANCE (DS): The written decision by the responsible official of the lead agency that a proposal is likely to have a significant adverse environmental impact, and therefore an EIS is required (WAC 197-11-310 and 197-11-360): The DS form is in WAC 197-11-.980 and must be used · substantially in thaUorm. DEVELOPABLE AREA: Land area outside of critical areas, critical area buffers, and public rights-of-way that is otherwise developable. · DEVELOPMENT: The division of a parcel ofland into two '(2) or more parcels; the construction, . reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land .. DEVELOPMENT: (This definition for RMC 4-3-050, flood hazard regulations, use only.) Anyman-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling. grading. paving. excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. 1t@If0ESlr6il Addresses DOE 'comment as part of community assistance review.] DEVELOPMENt AGREEMENT: A recorded contract entered into"by the city and an applicant setting forth development standards and other provisions governing and vesting a development or use for a duration of time specified in the contract. May be' used to obligate an applicant to fund or provide services, infrastructure, or other facilities. . DEVELOPMENT PERMIT: Written permission after appropriate review for type of application from the appropriate decision-maker authorizing'the divisionof a parcel of land, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, utility, or any use or extension · of the use of the land. DISPLAY SURFACE: The area made availabl~ by the sign structure for the purpose of displaying the . advertiSing message. Draft Best Available Science Regulation Amendments, July 13, 2004 205 • • • 4)15 16 17 8218 8219 8220 8221 8222 8223 8224 8225 8226 8227 8228 8229 8230 8231 8232 8233 8234 8235 8236 8237 8238 . 8239 8240 8241 ~~~ ~44 8245 8246 8247 8248 8249 8250 8251 8252 8253 8254 8255 8256 8257 8258 8259 8260 8261 8262 8263 8264 8265 8266 8267 ~~ ~O DOUBLE CHECK VALVE ASSEMBLY: See RMC 4-6-100. DOUBLE-WALLED: See RMC 4-5-120G. DOWNTOWN CORE AREA: See Map Exhibit in RMC 4-2-080C. DOWNTOWN PEDESTRIAN DISTRICT: See Map Exhibit in RMC 4-2-0800. Those uses,buildings and walkways along either side of South Third Street between Burnett Avenue South and Main Avenue South, and along either side of Wells Avenue South between South Second Street and Houser Way South. DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. DRIP LINE: A tree's drip line shall be described by a line projected to the ground from the outer edge of the tree canopy delineating the outermost extent of foliage in all directions and coinciding with the area of the root mass. DRIVE-IN/DRIVE-THROUGH RETAIL OR SERVICE: A biJsiness or a portion of a businesswhere a customer is permitted or encouraged either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while 'seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include but not be limited to fast-food restaurants, espresso stands, and drive-in services at banks and pharmacies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes . .. DWELLING, MULTI-FAMILY: Dwelling, Attached: A one-family dwelling attached to one or more one-family dwellings by com,mon roofs, walls, or floors. This -definition may also include a dwelling unit or units attached to garag~s or other nonresidential uses. This definition does not include retirement residences, boarding and lodging houses, accessory dwelling units, adult family homes, group home I or group home II as defined herein. A. Flat: A residential building containing two (2) or more dwelling units which are attached at one or more common roofs, walls, or floors. Typically, the unit's habitable area is provided on a single level. Unit entrances mayor may not be provided from a common corridor. . . B. Townhouse: A one-family, ground-related dwelling attached to one or more such units in which each unit has its own exterior, ground-level access to the outside, no unit is located over another unit, and each unit is separated from any oth~r unit by one or more vertical common walls. Typically the units are multi- story. C. Carriage House: One or more accessory dwelling units attached to a garage. The garage attached to the carriage house typically contains vehicles and/or storage for people living in another building as well as occupants of the carriage house. D. Penthouse: A single dwelling unit located at or near the top of a building containing other, nonresidential uses. DWELLING, SINGLE FAMILY: A. Dwelling, Detached: A building containing one dwelling unit which is not attached to any other dwelling by any means except fences, has a permanent foundation, and is surrounded by open space or yards. B. Dwelling, Semi-Attached: A one-family dwelling attached to only one other one-family dwelling at secondary or ancillary building parts such as garages, carports, trellises, porches, covered decks, or Draft Best Available Science Regulation Amendments, July 13, 2004 206 8271 8272 8273 8274 8275 8276 8277 8278 8279 8280 8281 8282 8283 .8284 8285 8286 8287 8288 8289 8290 8291 8292 8293 8294 8295 8296 8297 8298 8299 8300 8301 8302 8303· 8304 8305 8306 8307 8308 8309 8310 8311 8312 8313 8314 8315 8316 8317 8318 8319 8320 8321 8322 8323 8324 . 8325 8326 8327 other secondary connection approved by the City, and not connected at building P9rtS containing living areas. DWELLING UNIT: A structure or portion of a structure designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided for the exclusive use ota single household. DWELLING UNIT, ACCESSORY: Anihdependent subordinate dwelling unit contained within a single family detached dwelling or i~s accessory detached garage. An accessory dwelling unit houses family members related to the property owner or an employee of the property owner. DWELLING UNIT, ATTACHED: See DWELLING, MULTI-FAMILY. (Ord. 2520,11-17-1969; Ord. 2698, 3-6-1972; Ord. 3758,12-5-1983; Ord. 3891, 2-25-1985; Ord. 4346, 3:' 9-1992; Ord. 4351, 5-4-1992; Ord. 4367,9-14-1992; Ord. 4466,8-22-1994; Ord. 4521, 6-5-1995; Ord. 4522,6-5-1995; Ord. 4637,9-14-1992; Ord. 4671, 7-21:'1997; Ord. 4716, 4-13-1998; Ord. 4773, 3-22- 1999; Ord. 4835,3-27-2000; Ord. 4851,8-7-2000; Amd. Ord. 4963,5-13-2002; Ord. 4999,1:-13-2003) 4-11-050 DEFINITIONS E: EARL Y NOTICE: See RMC' 4-9~070R. EARTH MATERIAL: Any rock, natural soil or fill and/or any combination thereof. EASEMENT: A grant by the property owner for the use or protection of a piece of land by the public, corporation, or persons for speCific purposes. A. Easement, Access: An easement created for the purpose of providing vehicular or pedestrian access' to a property. B. Easement, Conservation: An easement held by the City, a public or nonprofit entity approved by the City, or by the property owner for the express purpose of protecting and conserving critical areas and their buffers. . . . EATING AND DRINKING ESTABLISHMENT: Retail establishments selling food and/or drink for consumption on the premises or for take-out, including accessory on-site food preparation. This definition includes, but is not limited to, restaurants, cafes, fast~food, microbrew establishments, and espresso stands. This .definition excludes taverns; entertainment clubs; dance clubs; and/or .dance halls. EDUCATION INSTITUTION, HIGHER, OTHER: A public or private school, college or university that provides post-secondary professional education and/or continuing education programs. This definition does not include trade or vocationarschools, K-12 educational institutions, or arts and crafts schools' and stUdios. EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE), EXISTING K-12: An existirig public or private school encompassing grades 'K-12. . . EDUCATIQNAL INSTITUTIONS (PUBLIC OR PRIVATE), NEW K-12: A new public or private school encompassing grades K-12 .. ELECTRICAL POWER GENERATION AND COGENERATION: Electrical power generatio'n is the production of electriCity for consumption by facilities onsite or in a district. Electrical power cogeneration is the simultaneous production of electricity and useful heat from the same fuel or energy or the use of a production by-product to generate power. Facilities with cogeneration systems use them to produce their Draft Best Available Science Regulation Amendments, July 13, 2004 207 • • • 428 29 30 8331 8332 8333 8334 8335 8336 8337 8338 8339 8340 8341 8342 8343 8344 8345 8346 8347 8348 8349 8350 8351 8352 8353 8354 tH 8358 8359 8360 8361 8362 8363 8364 8365 8366 8367 ·8368 8369 8370 8371 8372 8373 8374 8375 8376 8377 8378 8379 8380·: ~i • 3 8384 own electricity, and use the unused excess (waste) heat for process steam, hot water heating, space heating, and other thermal needs. They may also use excess process heat to produce steam for electricity production. EMERGENCIES: Actions that must be undertaken immediately or within a time frame too short to allow full compliance with this Title to avoid an immediate threat to public health or safety, to prevent an imminent threat of serious environmental degradation. . ENGINE OR TRANSMISSION REBUILD, INDUSTRIAL: An operation which rebuilds, reconditions, or customizes engines or transmissions which are sold to vehicle service and repair operations or to individual customers for installation into vehicles off site. ENGINEERING GEOLOGIST: See GEOTECHNICAL ENGINEER. ENGINEERING GEOLOGY: The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. ENGINEERING GEOLOGY REPORT: See GEOTECHNICAL REPORT. ENHANCEMENT ACTIVITIES: Removal of noxious or intrusive species, plantings of appropriate native species and/or removal of diseased or decaying trees which pose a clear and imminent threat to life or property. Enhancement activities shall not involve the use of mechanical equipment. Enhancement activities may include the removal of pests which pose a clear danger to public health provided that such danger is certified by the King County Department of PublicHealth. ENTERTAINMENT CLUB: Any facility where live entertainment including but not limited to live theater; dance performances; musical performances; comedy routines; book/poetry readings; and other forms of . live entertainment are conducted. This definition excludes adult entertainment businesses; movie··· theaters; dance clubs; dance halls; taverns; and eating. and drinking establishments. ENTERTAINMENT/MEDIA RENTALS: A business consisting of rental of entertainment media including but not limited to videos, bVDs, and video games. This definition includes accessory retail sales of entertainment media as well as foodstuff. This definition does not include adult retail uses. ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review Committee as defined by RMC 4-9-070G, is the SEPA Responsible Official Authority. The ERC shall consist of three (3) officials designated by the Mayor with concurrence by the City Council. For all proposals for which the City is the lead agency, the ERC shall make the threshold determination and perform any other functions assigned to the "lead agency'~ or "responsible official" by the SEPA rules that were adopted by reference in WAC 173-806-020. . . EROSION: The wearing away of the ground .surface as a result of the mover:nent of wind, water and/or ice. ESSENTIAL HABITAT: Habitat necessary for the survival of federally listed threatened, endangered, and sensitive species and state listed priority species. EVICTION: Any effort by a property owner and/or developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. EXCAVATION: The mechanical removal of earth material. EXISTING LEGAL USE: The use of a lot or structure at the time of enactment of a zoning or other land use regulation. EXOTIC: Any species of plants or animals that are not indigenous to the planning area . Draft Best Available Science Regulation Amendments, July 13, 2004 208 I 8385 8386 8387 8388 8389 8390 8391 8392 8393 8394 8395 8396 8397 8398 8399 8400 8401 8402 8403 8404 8405 8406 8407 8408 8409 8410 8411 8412 8413 . 8414 8415 8416 8417 8418 . 8419 8420 8421 8422 8423 8424 8425 8426 8427 8428 8429 8430 8431 8432 8433 8434 8435 8436 8437 8438 8439 EXPRESS TRANSPORTATION SERVICES: Services which provide rapid delivery (i.e., overnight, within an hour, etc.) of air parcels, foodstuff, household and entertainment goods, as well as taxi services. Use is distinguished by space for multiple small delivery vehicles,and typically associated areas for sorting and handling packages and documents, and accessory administrative offices. (Ord. 2820,1-14-1974; Ord. 3366,10-15-1979; Ord. 3758,12-5-1983; Ord. 4346,3-:9-1992; Ord. 4351, 5- 4-1992; Ord. 4522; 6-5-1995; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4835,3-27-2000; Amd. Ord. 4963, 5-13-2002) 4-11-060 DEFINITIONS F: FACILITY: (For purposes of aquifer protection area regulations contained in RMC 4-3-050, Critical Area Regulations.) All contiguous land within an APA, structures, other appurtenances, and improvements on the land and operations therein including, but not limited to, business, government, and institutional activities where hazardous materials are stored, handled, treated, used or produced in quantities greater than the de minimus'amounts specified in RMC 4-3-050C6a(ii)(1), Activities Exempt from Specified Aquifer Protection Area Requirements. . . . . FAIR MARKET VALUE: The open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials', equipment and facility usage, transportation and contraCtor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. rECfIW'i[sltm>te: Based on early agency comments from DOE regarding SMP definitions and WAC definitions.] . FAMILY: Any number of related individuals, or not more than four (4) unrelated individuals, living together as a Single household. . FILL: A deposit of earth material placed by artificial means. FINAL PLAT: See PLAT, FINAL. FIRE DEPARTMENT: The Renton Fire Department. FIRE FLOW: The measure of the sustained flow of available wafer for fire fighting at a specific building or within a speCific area at twenty (20) pounds per square inch residual pressure. FIRE MARSHAL: The City of Renton Fire Marshal or his/her designee. FLAT: See DWELLING, MULTI-FAMILY. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: . 1. The overflow of inland or tidal waters, and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance . Administration has delineated both the areas of special flood hazard and the risk premium zones . applicable to the community. Draft Best Available Science Regulation Amendments, July 13, 2004 209 • • •• ~~~ ~2 8443 8444 8445 8446 8447 8448 8449 8450 8451 8452 8453 8454 8455 8456 8457 8458 8459 8460 8461 8462 8463 8464 8465 8466 M? ~~ 8470 8471 8472 8473 8474 8475 8476 8477 8478 8479 8480 8481 8482 8483 8484 8485 8486 8487 8488 8489 8490 8491 8492 .~~ '1195 8496 FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map and the water surface elevation of the base flood. FLOODWAY: The channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the baseiflood without cumulatively increasing the water surface elevation more than one foot (1 ). FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of a building measured from the exterior face of each wall. FLOOR AREA, NET: The total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment rooms, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. FLOOR AREA RATIO: The gross floor area of all buildings on a lot divided by the lot area. FLOWER/PLANTS AND FLORAL SUPPLY: A business involving the retail sale of flowers, house plants, and associated floral supplies. FRONT YARD: See YARD REQUIREMENT. FUEL DEALERS: Wholesale distribution of fuels with associated bulk fuel storage. FUELING STATION, VEHICLE: See VEHICLE FUELING STATIONS. THE FEDERAL WATER POLLUTION CONTROL ACT OF 1956 (FWPCA): See RMC 4-6-100. (Ord. 2820,1-14-1974; Ord. 3541, 5-4-1981; Ord. 3758,12-5-1983; Ord. 4071, 6-1-1987; Ord. 4716, 4- 13-1998; Ord. 4851, 8-7-2000; Amd. Ord. 4963,5-13-2002) 4-11-070 DEFINITIONS G: GAMING/GAMBLING FACILITIES, NOT-FaR-PROFIT: Facilities operated by a not-for-profit entity where any type of gaming or gambling is the primary attraction. GARAGE, PRIVATE: A roofed structure enclosed on three (3) or more sides, without interior parking aisles,for the purpose of storing motor vehicles. GARAGE SALE: All general sales open to the public conducted on a residential premises to dispose of personal property, including, but not limited to, all sales entitled "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage sale." Draft Best Available Science Regulation Amendments, July 13, 2004 210 I 8497 8498 8499 8500 8501 8502 '8503 8504 8505 8506 8507 8508 8509 8510 8511 8512 8513 8514 8515 8516 8517 8518 ,8519 8520 8521 8522 8523 8524 8525 8526 8527 8528 8529 8530 8531 8532 8533 8534 8535 8536 8537 8538 8539 8540 8541 8542 8543 8544 8545 8546 8547 8548 8549 8550 8551 8552 8553 GARBAGE: See-REFUSE. GAS STATION: See FUELING STATION, VEHICLE. GEOLOGIC HAZARDS: Areas which may be prone to one or more of the following conditions: erosion, flooding, landslides, coal mine hazards, or seismic activity. Refer to RMC 4-3-050B4. GEOTECHNICAL ENGINEER: A State of Washington licensed geologist experienced and knowledgeable in engineering geology. GEOTECHNICAL REPORT: A report prepared by a Geotechnical Engineer including an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development. , , ' GOLF COURSE: An area designed and used for playing golf, inCluding all acCessory uses incidental to- the operation of the facility. This definition excludes other .outdoor recreational facilities, neighborhood parks, and community/regional parks. '" • " , ' GOVERNMENT FACILITIES, CITY: Facilities of any unit of City government. Types of facilities include community centers, public works maintenance facilities, courts of layv, fire halls, and other types of municipal facilities. This definition excludes city government offices, jails, parks, transit centers, park & rides,sewage treatment plants, municipally owned golf course or airports, and libraries. GOVERNMENT FACILITIES, OTHER: Facilities of any unit of county, state, federal, or special district government. Types of facilities include community centers, vehicle and drivers licensing offices, public works maintenance facilities, courts of law, school support facilities, and other types of county, state, , school district, special district, or federal facilities. This definition excludes offices, jails, parks, transit centers, park & rides, sewage treatment plants, schools, municipally owned golf courses or airports, and libraries. GOVERNMENT OFFICES, CITY: See CITY GOVERNMENT OFFICES. GRADE: The vertical location of the ground surface. GRADE, FINISH: The surface level of the ground after completion of all grading. GRADING: An excavating or filling or combination thereof. A. Regular Grading: Any, grading that involves five thousand (5,000) cubic yards or less of material. ' B. Engineered Grading: Any grading that involves more than five thousand (5,000) cubic yards of material. GRID-LIKE STREET PATTERN (or FLEXIBLE GRID): A street s'ystem based upon a standard grid , pattern; however, offset intersections, loop roads, and cul-de-sacs as well as angled or curved road segments may also be utilized on a limited basis. The block pattern is characterized QY regular (Le., - rectangular or trapezoidal) blocks. GROUND COVER: Low growing plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground. GROUND COVER MANAGEMENT: The mowing or cutting of ground cover in order to create an orderly appearing property so long as such activities do not disturb the root structures on the plants. Ground cover management shall include the removal of vegetative debris from the property. GROUNDWATER: Water below the land surface in the zone of saturation. Draft Best Available Science Regulation Amendments, July 13, 2004 211 '. • • 4154 55 56 8557 8558 8559 8560 8561 8562 8563 8564 8565 8566 8567 8568 8569 8570 8571 8572 8573 8574 8575 8576 8577 8578 8579 8580 .1 ~~ 8584 8585 8586 8587 8588 8589 8590 8591 8592 8593 8594 8595 8596 8597 8598 8599 8600 8601 8602 8603 8604 8605 8606 ~~ W09 8610 GROUNDWATER MONITORING PROGRAM: A plan confaining procedures to be followed to assess ground water quality for concentrations of those chemicals identified in the operating permit. GROUNDWATER MONITORING WELL: A small-diameter well installed for purposes of sampling and monitoring ground water. GROUP FAMILY HOUSEHOLD: A group of individuals not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common management plan based on an intentionally structured relationship to provide organization and stability. GROUP HOME I (REHABILITATION): A facility or dwelling unit housing persons, unrelated by blood or marriage and operating as a group facility household. A rehabilitative group home may include halfway houses and substance abuse recovery homes. This definition c;loes not include congregate residential or secure community transition facilities. (Amd. Ord. 4982, 9-23-2002) GROUP HOME II (PROTECTIVE RESIDENCY): A facility or dwelling unit housing persons, including resident staff, unrelated by blood or marriage and operating as a .group family household. Staff persons provide care, education, and partiCipation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. A protective residency may include disabled (mentally and physically) persons, foster child care, abused women shelter, orphanages and other uses where residents are deemed vulnerable and/or disabled and are not a threat to self or to public health or safety. This definition does not include congregate residential or secure community transition facilities. (Amd. Ord. 4982, 9-23-2002) GROWTH MANAGEMENT ACT (GMA): A law passed by the Washington State Legislature in 1990 that mandates comprehensive planning in designated counties and cities statewide (chapter 36.70A 'RCW). (Ord. 2820,1-14-1974; Ord. 4351, 5-4-1992; Ord. 4636, 9~23-1996; Ord. 4715;4-6-1998; Ord. 4835, 3- 27-2000; Ord. 4851, 8-7-2000; Ord. 4854,8-14-2000; Amd. Oi-d. 4963, 5-13-2002), 4-11-080 DEFINITIONS H: HAZARD TREE: Any tree or tree part that poses a high risk of damage to persons or property as certified by a qualified arborist and accepted by the City. [IUomfNm~: Based on a City of Spokane Ordinance. If further interpretation is required, the City of Spokane uses the International Society of Arboriculture's twelve~point hazard evaluation system.J . . HAZARDOUS MATERIALS: Those chemicals or substances which are physical or health hazards as defined and classified in Article 80 of the Uniform Fire Code·as adopted or amended by the City whether the materials are in usable or wa~te condition; and any material that may degrade groundwater quality when improperly used, stored, ~isposed of, or ottierwise misrTianaged. RMC 4-3-050R, Generic Hazardous Materials List, provides a list of common substances that may be hazardous materials. Article VI-A of the Uniform Fire Code provides furthe~ information, explanations, and examples of hazardous materials. HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the Department or the Fire Prevention Bureau and completed by a facility owner that provides specified information regarding hazardous materials at the facility. HAZARDOUS SUBSTANCE: Any liquid, solid, gas or sludge, including any material, substance, product commodity or waste that exhibits the characteristics of hazardous waste as described in chapter 70.105 RCW. HAZARDOUS WASTE: All dangerous and extremely hazardous waste, except for moderate-risk waste, as defined in RCW 70.105.010. HEALTH HAZARD: See RMC 4-6-100. Draft Best Available Science Regulation Amendments, July 13, 2004 212 I 8611 8612 8613 8614 8615 8616 8617 8618 8619 8620 8621 8622 8623 8624 8625 8626 8627 8628 8629 8630 8631 8632 8633 8634 8635 8636 8637 8638 8639 8640 8641 8642 8643 8644 "8645 8646 8647 8648 8649 8650 8651 8652 8653 8654 8655 8656 8657 8658 8659 "8660 8661 8662 " 8663 8664 8665 HEARING EXAMINER: The office of the Hearing Examiner as defined by RMC Title 1. The Hearing "Examiner is appointed by the Mayor of the City to conduct public hearings on applications outlined in chapter 4-8 RMC, and prepares a record, findings of fact and conclusions on such applications. (Ord. '. 4522, 6-5-1995) HEIGHT: See BUILDING HEIGHT or SIGN HEIGHT. HIGH BLOW DOWN POTENTIAL: An area where field conditions indicate the potential for tree blowdown is high: Evidence may include the presence of toppled trees in the area. and thin or saturated soils. HIGH OCCUPANCY VEHICLE (HOV): A vehicle carrying more than a specified minimum number of people (usually two (2) or three (3) persons). . . Hll~Iit'~~6141$f~Il!ID~IexCWCfM~~tl~(l5jjJii\Ii~igJ.ift HILLSIDE: An inclined landform which may include one or more classes of slope: steep (sensitIve and/or protected) and non-steep (Le., less than twenty five percent (25%». HILLSIDE SUBDIVISION: A subdivision in which the average slope is twenty percent (20%) or in which any street in the subdivision has grades greater than fifteell percent (15%) at any point. HOME OCCUPATION: Any commercial use conducted entirely within a dwelling or accessory structure and carried on by persons residing in that dwelling unit, "but is clearly incidental and secondary to the use of the dwelling as a residence. HOMEOWNERS' ASSOCIATION: An incorporated nonprofit organization formed or qualified under the laws of the State of Washington, operating under recorded land agreements through which: (a) each land owner is automatically a member, (b) each land owner is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property and facilities, and (c) such charge; if unpaid, becomes a lien against the property of the land owner .. ' HOTEL: A building or portion thereof designed or used for transient rental for sleeping purposes. Hotel structures are at least two (2) stories in height, with lodging space above the first floor. Lodging space rriay also be located on the first floor. Individual rooms are typically accessed from a common hallway. A . central kitchen and dining room "and accessory "shops and services catering to the general public may be provided. Not included in this definiti~n are multi-family dwellings, bed and breakfasts, or motels. .HOUSEHOLD: A family living together in a single dwelling unit with common access to, and common use of, all living, sanitation facilities, and all areas and facilities for the preparation, consumption and storage of food within the dwelling unit. HUMAN SCALE ELEMENTS: Architectural elements such as railings, windows with multiple panes, doorways, or fences, that are scaled for human use and convey the idea of human activity or human occupancy. HYPORHEIC ZONE: The saturated zone located beneath and'"adjacentto streams that contains some portion of surface waters. serves as a filter for nutrients. and maintains water quality. riI2<tit~~ii0t~l OCD Model] Draft Best Available Science Regulation Amendments, July 13, 2004 213 • • • 8666 • 67 68 8669 8670 8671 8672 8673 8674 8675 8676 8677 8678 8679 8680 8681 8682 8683 8684 8685 8686 8687 8688 8689 8690 8691 8692 •. ,3 ~~ 8696 8697 8698 8699 8700 8701 8702 8703 8704 8705· 8706 8707 8708 8709 8710 8711 8712 8713 8714 8715 8716 8717 8718 8719 .~ 8722 (Ord. 3758.12-5-1983; Ord. 4517.5-8-1995; Ord. 4522. 6-5-1995; Ord. 4665.5-19-1997; Ord. 4716. 4- 13-1998; Ord. 4821.12-20-1999; Ord. 4835.3-27-2000; Ord. 4851.8-7-2000; Amd. Ord. 4963.5-13- 2002) 4-11-090 DEFINITIONS I: ILLUMINATION. INTERNAL: A light source that is concealed or contained within a sign and becomes visible in darkness through a translucent surface. ILLUMINATION. TUBE: A light source supplied bya tube that is bent to form letters. symbols, or other shapes. Tube illumination does not include exposed fluorescent lights. IMPACTS: The effects or consequences of actions. Environmental impacts are effects upon the elements of the environment listed in WAC 197-11-444. ' IMPERVIOUS SURFACE: Any material that substantially reduces or prevents the infiltration of stormwater into the surface of the ground, including graveled surfaces. IMPORTED FILL: Earth material acquired from an off-site location for use in grading on a site. . . INCOMBUSTIBLE AND NONCOMBUSTIBLE MATERIAL: Shall be as defined in the Uniform Fire Code. INDUSTRIAL USE: A type of land use characterized by production, manufacturing, distribution or fabrication activities. INDUSTRIAL USE. HEAVY: A type of land use including manufacturing processes using raw materials, extractive land uses or any industrial uses which typically are incompatible with other uses due to noise, odor, toxic chemicals,or other activities posing a hazard to public health and safety. . INDUSTRIAL USE, liGHT: A type of land use including small scale or less intensive production manufacturing, distribution or fabricating activities. May also ihclude office and supporting convenience retail activities. INDUSTRIAL WASTES: See RMC 4-6-100. INFILL: Development that occurs on vacant land within urbanized areas. INFILTRATION: See ~MC 4-6-100. INTERVAL: An intervalisthemeasure of articulation -: the distance before architectural elements repeat. • • " l' ".. ' INTERMITTENT means water is not present in the channel year round during years of normal or above normal rainfall. . . jOrd. 3719.4-11-1983; Ord. 3891, 2-25-1985; Ord. 4577.1-22-1996; Ord. 4740,7-19-1999; Ord. 4720, 5-4-1998; Ord. 4821.12-20-1999; Amd. Ord. 4963.5-13-2002) 4-11-100 DEFINITIONS J: JAILS. EXISTING MUNICIPAL: City-operated and owned facilities that hold criminals serving sentences and/or suspected criminals while they are awaiting the outcome of their trials. (Amd. Ord. 4963.5-13-2002) 4-11-110 DEFINITIONS K: KENNEL: A commercial facility for the care and/or breeding of dogs and/or cats. Draft Best Available Science Regulation Amendments. July 13. 2004 214 8723 8724 8725 8726 8727 8728 8729 8730 8731 8732 8733 8734 8735 8736 8737 8738 8739 8740 8741 8742 8743 8744 8745 8746 8747 8748 8749 8750 8751 8752 8753 8754 8755 8756 8757 8758 8759 8760 8761 8762 8763 8764 8765 8766 8767 8768 8769 8770 8771 8772 8773 8774 8775 8776 8777 8778 8779 KENNEL, HOBBY: A noncommercial facility for the care and/or breeding of four (4) to eight (8) adult dogs, cats or combination of dogs and cats, older than four (4) months in age, excluding small animal hospitals, clinics, pet shops, or grooming services. Hobby kennels are only operated by persons residing in the primary dwelling unit on. the property on which the hobby kennel is kept. (Amd. Ord. 4963,5-13-2002) 4-11-120 DEFINITIONS L: LABORATORIES, LIGHT MANUFACTURING: A facility in which scientific research, investigation, testing, or experimentation occur. Manufacturing of and sale of products may also occur. LABORATORIES, RESEARCH, DEVELOPMENT AND TESTING: A facility in which scientific research, investigation, testing, or experimentation occur but not including manufacture and sale of products.' LAKES: Natural or artificial bodies of water of two (2) or more acres 'and/or where the deepest part of the basin at low water exce,eds two (2) meters (6.6 feet). Artificial bodies otwater with a recirculation system approved by t~e Planning/Building/Public Works Department are not included in this definition. LAND CLEARING: The act of removing or destroying trees or ground cover including grubbing of stumps and root mat. LAND-CLEARING WASTE: Stumps, brush, tree branches, and other vegetation associated with land clearing. ' LAND DEVELOPMENT PERMIT: An approved preliminary or final plat for single family residential project, , a building permit, site plan, or preliminary or final planned unit development plan. LAND USE DECISION: A land use decision for purposes of a land use appeal under RMC 4-8-110, ' Appeals, means a final determination by a City body or officer with the highest level of authority to make the determination, including those with authority to hear appeals on: . ' ' 1. An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and other similar types of public property; excluding -applications for legislative approval such as area-wide rezones and annexations; and excluding , applications for business licenses; " 2. An interpretive or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; 3. The enforcement by the City of codes regulating improvement, development, modification, maintenance oruse of real property. However, when the City is required by law to enforce the code in a court of limited jurisdiction, a petition may not be brought under RMC 4-8-110. LAND USE ELEMENT: A plan designating the location and extent of use for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses as required by the Growth Management Act. LANDS COVERED BY WATER: Lands underlying the water areas of the state below the ordinary high water mark, including salt waters, tidal waters, estuarine waters, natural watercourses, lakes, ponds, ' artificially impounded waters, marshes, and swamps. Draft Best Available Science Regulation Amendments, July 13, 2004 215 • • • ~80 81 82 8783 8784 8785 8786 8787 8788 8789 8790 8791 8792 8793 8794 8795 . 8796 8797 8798 8799 8800 8801 8802 8803 8804 8805 8806 t 7 80~ 8810 8811 8812 8813 8814 8815 8816 8817 8818 8819 8820 8821 8822 8823 8824 8825 8826 8827 8828 8829 8830 8831 8832 ~~ .5 8836 LANDSCAPE ARCHITECT: A professional landscape architect licensed to practice by the State of Washington. . LANDSCAPE BUFFER: An on-site strip abutting a property line which provides a physical, visual, and/or noise buffer and transition between land use of varying compatibilities.and/or the street. Landscape buffers consist primarily of natural landscaping and selected hard surface elements, when deemed appropriate by the reviewing official. LANDSCAPED VISUAL BARRIER: Evergreen trees, and/or evergreen shrubs providing equivalent buffering, planted to provide a year-round dense screen within three (3) years from the time of planting. LANDSCAPING: The installation of lawns, trees, shrubs, flowers, ground cover and similar items to enhance a property's attractiveness, prevent erosion, improve security or for similar purposes. LIGHT DEFINITIONS: The following definitions are utilized in the Exterior Onsite Lighting Regulations, RMC 4-4-075: A. Cutoff: The point at which all light rays emitted by a light source are completely eliminated (cut off) at a specific angle above the ground. B. Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. C. Cutoff Type Luminaire: A unit of illumination with elements such as shields, reflectors, or refractor panels that direct and cut off the light at a cut off angle less than ninety degrees (90 ). D. Light Trespass: Tne shining of light produced by a light source beyond the boundaries of the property on which it is located. . . . . E. Luminaire: The complete lighting unit, including the lamp, the fixture, and other parts. LOAplNG AREA: A specially designed off-street place intended to be used by vehicles for depositing and/or receiving passengers and goods. LONG-RANGE WASTEWATER MANAGEMENT PLAN: See RMC 4-6-100. LOT: A specifically described parcel of land with boundary lines defining the extent of the lot in a given direction.' . LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include "tracts· or "parcels." See LOT TYPES. LOT COVERAGE: The horizontal area measured within the outside of the exterior walls of all principal and accessory buildings on a lot including all covered decks and porches. LOT, DEVELOPED: (This definition for RMC 4-4-130, Tree Cutting and Land Clearing Regulations, only.) A lot or parcel of land upon which a structure(s) is located, which cannot be more intensely developed pursuantto the City Zoning Code, and which cannot be further subdivided pursuant to City subdivision regulations. Draft Best Available Science Regulation Amendments, July 13, 2004 216 8837 8838 8839 8840 8841 8842 8843 8844 8845 8846 8847 8848 8849 8850 8851 8852 8853 8854 8855 8856 8857 8858 8859 8860 8861 8862 8863 8864 8865 8866 8867 8868 8869 8870 8871 8872 8873 8874 8875 8876 8877 8878 8879 8880 '8881 8882 8883 8884 8885 8886 8887 8888 8889 8890 8891 8892 8893 LOT LINE ADJUSTMENT: A lot line adjustment is the adjusting of common property line(s) or boundaries between adjacent lots, tracts, or parcels for the purpose of accommodating a transfer of land, rectifying a disputed property line location, or freeing such a boundary from any difference or discrepancies. The resulting adjustment shall not create any additional lots, tracts or parcels and all reconfigured lots, tracts or parcels shall contain sufficient area and dimension to meet minimum requirements for zoning and building purposes.' . LOT LINES: The property lines bounding the lot. LOT MEASUREMENTS: A. Lot Depth: Depth ota lot shall be considered to be the average distance between the foremost points of the side lot lines in front (Le., the points where the side lot lines intersect with the street right-of-way line) and the rear-most points of the side lot lines in the rear. In the case of pipestem lots, the pipestem portion of the lot shall be ignored for purposes of the calculation of average depth. B. Lot Width: Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines; except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. LOT, PARTIALLY DEVELOPED: (This definition for RMC 4-4:..130, Tree Cutting and Land Clearing Regulations, only.) A lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating increased development pursuant to the Renton Zoning Code; or which may be subdivided in accordance with the City subdivision regulations. . LOT TYPES: . A. Lot, Corner: A lot abutting upon two (2).or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred.· thirty five degrees (135 ) within the lot lines .. B. Lot, Flag: A lot with access to a public road only by a private accessway le~s than thirty feet (30 )in width. See Lot, Pipestem. . . . C. Lot, Int~i"ior: A lot that generally abuts or has frontage on only one street, although on through lots that run from one block face to another, such lots could abut two (2) streets. . D. Lot, Pipestem: A lot not meeting minimum frontage requi~ernents. E. Lot, Through: A lot that has both ends fronting on a street. LOT, UNDEVELOPED: A platted lot or parcel of land upon which no struCture exists. LOW IMPACT LAND USE: Land uses which are not likely to have a Significant adverse irripact on critical areas because of the low intensity of the use, minimal levels of human activity, limited use of machinery or chemicals, site design or arrangement of buildings and structures, incorporation of mitigation measures, or other factors. . . . . . LOWEST FLOOR: The lowest floor of the lo~est enclosed area (including basement). An unfinished or . flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest flo.or; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of RMC 4-3-050J. 3.a.ii. [gQrt0f,{~t~t:l.t~: Addresses DOE comment as part of community assistance review.] . . (Ord. 3758, 12-5-1983;Ord. 3891, 2-25-1985; Ord. 4056, 4-30-1987;Ord. 4071, 6-1~1987; Ord. 4351,5- 4-1992; Ord. 4522, 6-5-1995;Ord. 4740,7-19-1999; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. Draft Best Available SCience Regulation Amendments, July 13, 2004 217 • • • 8894 • 95 96 8897 8898 8899 8900 8901 8902 8903 8904 8905 8906 8907 8908 8909 8910 8911 8912 8913 8914 8915 8916 8917 8918 8919 8920 ~~ ~3 8924 8925 8926 8927 8928 8929 8930 8931 8932 8933 8934 8935 8936 8937 8938 8939 8940 8941 8942 8943 8944 8945 8946 8947 .~ 8950 4522,6-5-1995; Ord. 4660, 3-17-1997; Ord. 4715, 4-6-1998; Ord. 4716, 4-13-1998; Ord. 4751,11-16- 1998; Ord. 4835,3-27-2000; Ord. 4851,8-7-2000; Ord. 4854, 8-14-2000; Amd. Ord. 4963,5-13-2002) 4-11-130 DEFINITIONS M: MANUFACTURED HOME: A residential structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or mobile home. ' ., MANUFACTURED HOME, DESIGNATED: A residential manufactured home that meets the following requirements: ' 1. It is comprised of at least two (2) fully enclosed parallel sections each not less than twelve feet (12 ) wide by thirty six feet (36 ) long, 2. It has a composition, wood shingle, coated metal or similar roof of not less than three to twelve (3:12) pitch, and 3. It has exterior siding similar in appearance to siding materials commonly used for conventional site- built single family residences. MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land "divided" into two (2) or more manufactured home lots for rent or sale. MANUFACTURED" HOME PARK OR SUBDIVISION, EXISTING: A manufactured home park:subdi~ision for which the construction of facilities for servicing the lots on which the manufactured homes 'are to be , affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of adopted floodplain , management regulations. MANUFACTURED HOME PARK OR SUBDIVISION, NEW: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. MANUFACTURING AND FABRICATION, HEAVY: The transformation of materials or substances into new products" including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Heavy manufacturing and fabrication is often characterized by need for large outdoor areas in which to conduct operations and typically results in environmental impacts beyond their own sites. This definition includes but is not limited to manufacture and fabrication of aircraft and aircraft parts, automotive vehicles and their parts, cement, brick, lime, gypsum, asphalt, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. MANUFACTURING AND FABRICATION, LIGHT: The transformation of materials or substances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Light manufacturing and fabrication is characterized by the use being contained within buildings, and materials or equipment used in production not being stored outside. Light manufacturing and fabrication activities do not generate external emissions ,such as smoke, Draft Best Available Science Regulation Amendments, July 13, 2004 218 8951 8952 8953 8954 8955 8956 8957 8958 8959 8960 8961 8962 8963 8964 8965 8966 8967 8968 8969 8970 8971 8972 8973" 8974 8975 8976 8977 8978 8979 8980 8981 8982 8983 8984 8985 8986 8987 8988 8989 8990 .8991 8992 8993 8994 8995 8996 8997 8998 8999 9000 9001 9002 9003 9004 9005 9006 odor, noise, vibrations or other nuisances outside the building. This definition includes but is not limited to manufacture and fabrication of electronic components, office products, furniture, glass products, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an acce!?sory use of less than fifty thousand (50,000) gallons. MANUFACTURING AND FABRICATION, MEDIUM: The transformation of materials or sUbstances into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Medium manufacturing and fabrication is characterized by need for only very limited areas of outdoor storage and may create minor external environmental" impacts during the conduct of operations but most impacts are contained on-site. This definition includes but is not limited to manufacture and fabrication of, alcoholic products, paints, printing ink, leather goods, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes slaughterhouses, manufacture of shellac, varnish or turpentine, paper, pulp, rubber from crude material, refining and/or manufacturing of petroleum by-products except as an accessory use of less than fifty thousand (50,000) gallons. " " MARINA: A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure " craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. MARQUEE: A permanent roof structure, usually incorporating a sign, attached to and slJpportedby the " building and projecting over public property. MATERIAL SAFETY DATA SHEET: Written or printed information concerning a hazardous material which is prepared in accordance with the provisions of 29 CFR 1910.1200. . . MECHANICAL EQUIPMENT: Includes all motorized equipment used for eart~ moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twenty seven (27) hors~p0"Yer in siz~:" . MEDICAL INSTITUTIONS: An facility providing physical or mental health services, in-patient accommodations, and medical or surgical care of the sick orinjured. This definition includes hospitals, clinics, and sanitariums. This definition excludes medical and dental offices, convalescent centers, retirement residences, and group homes I and II. " " MEMBRANE LINER: See RMC 4-5-120G. MINI-MART: A small retail establishment, usually located within or associated with another use," that offers for sale convenience goods such as food items, tobacco, periodicals and household goods. MITIGATION BANK: Sites that, when approved by the City, may be used for restoration, creation and/or mitigation of wetlands altered on a different piece of property, but located within the same drainage basin. MIXED USE: A building or site with two (2) or more different uses such as residential, office, manufacturing, retail, public or entertainment. Draft Best Available Science Regulation Amendments, July 13, 2064 219 • • • ti°7 08 009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 .4 To3~ 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 ~~ • 2 MOBILE HOME: A factory-built structure, transportable in one or more sections, built on a chassis and designed to be a dwelling without a permanent foundation, that was constructed prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974. This definition does not include recreational vehicles, manufactured homes, or designated manufactured homes. MOBILE VENDOR: Retail sale of goods from a vehicle or mobile cart. MODULATION: A measured and proportioned inflection or setback in a building's face that breaks up an otherwise larger flat vertical plane into multiple offset sub-elements so as to reduce the apparent bulk. MOTEL: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and typically having a parking space adja'cent to a sleeping accommodation. This definition excludes multi-family dwellings, bed and breakfasts, and hotels. MOVIE THEATER: An indoor facility for showing movies, including accessory retail sales of food and beverages. This definition excludes adult entertainment businesses; entertainment clubs; and cultural facilities. MULTI-FAMILY: See DWELLING, MULTI-FAMILY. (Ord. 3719, 4-11-1983; Ord. 3758,12-5-1983; Ord. 4071, 6-1-1987; Ord. 4219, 5-4-1992; Ord. 4346, 3-9- 1992; Ord. 4577,1-22.,.1996; Ord. 4665,5-19-1997; Ord. 4715, 4-6-1998; Ord. 4716,4-13-1998; Ord. 4777,4-19-1999; Ord. 4821,12-20-1999; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963,5- 13-2002) 4-11-140 DEFINITIONS N: NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION: See RMC 4-5-120G. NATIVE GROWTH PROTECTION EASEMENT: A restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an approved enhancement program. The purpose of an easement is to protect steep slopes, slopes and/or riparian corridors. NATIVE VEGETATION: Plant species that are indigenous to the area in question and could reasonably be expected to have occurred on site. NATURAL: A Shoreline Master Program land use designation identifying an area as unique and fragile. It is intended to provide areas of wildlife sanctuary and habitat preservation. NATURAL OUTLET: See RMC 4-6-100. NATURAL RESOURCE EXTRACTION/RECOVERY: Land used for timber harvesting consistent with the Forest Practices Act or silviculture, mineral extraction, or natural resource recovery such as mining reclamation or reforestation. This definition excludes Christmas tree farms, nurseries, and agriculture. NATURAL WATER SYSTEM: Any and all parts of the hydrologic cycle independent of size and residence time. The meaning includes "waters of the state" as defined in RCW 90.48.020 . Draft Best Available Science Regulation Amendments, July 13, 2004 220 9063 9064 9065 9066 9067 9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9078 9079 9080 9081 9082 9083 9084 9085 9086 9087 9088 9089 9090 . 9091 9092 9093 9094 9095 9096 I 9097.· 9098 9099 9100 9101 9102 9103 9104 9105 ·9106 9107 9108 9109 9110 9111 9112 9113 9114 9115 9116 9117 9118 NEIGHBORHOOD: A sub-area of the City in which the residents share a common identity focused around a school, park, community business center or other feature. NEW UNDERGROUND STORAGE FACILITY: See RMC 4-5-120<3. NEWS STAND: A use consisting of the retail sale of newspapers and magazines. This definition excludes adult retail uses. NONCONFORMING STRUCTURE: A lawful structure that does not comply with the current development standards (yard setbacks, lot size, lot coverage, height, etc.) for its zone, but which complied with' applicable regulations at the time it was established. Such structures mayor may not be in compliance with other relevant building codes and regulations. NONCONFORMING USE: A lawful use of land that does not comply with the current use regulations (primary, secondary, conditional, etc.) for its zone, but which complied with applicable regulations at the time the use was established. NONSTRUCTURAL TRIM: The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. . NO-PROTEST AGREEMENT: A restrictive covenant signed by the property owner signifying consent to the future formation of a local improvement district by the City of Renton or by property ownersfor· constructing and paying for. street improvements. . . NORMAL RAINFALL is defined as rainfall that is at the mean or within one standard deviation of the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle-Tacoma International Airport by the graph shown at King County Department of Natural Resources and Parks' Water and Land Resources Division's Hydrologic Information Center (http://dnr.metrokc.gov/hydrodat/seatacprecip.asp). . . IJ¥aoofld;lfJO'tEl: Nothing other than the common statistical use of !'standard deviation!' is meant.] ~ Modified definition to state where this information is kept graphically for those who do not have web access or for when the website is changed and the link shown does not work any longer.] NURSERIES, HORTICULTURAL: Any land used to raise, store, or sell trees, shrubs; flowers, and other plants for sale or for transplanting. This definition does not include the sale of any of the above for consumption. Associated retail space is allowed as an accessory to this use. (Ord. 3719, 4-11-1983;Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4521, 6-5-1995;Ord. 4577,1-22- 1996; Amd. Ord. 4963,5-13-2002) 4-11-150 DEFINITIONS 0: OFF-SITE SERVICES: See SERVICES, OFF-SITE. OFFICE, GENERAL: A place at which the affairs of a business, profeSSion, service, or industry are conducted and generally furnished with desks, tables, files and communication equipment. This definition includes associated accessory uses including but not liniited to exercise rooms and cafeterias for use by employees.and clients. This definition excludes conference centers, medical and dental offices, veterinary offices/clinics, city government offices, other government offices and facilities, service and social organizations, and construction/contractor's offices. • • OFFICE, MEDICAL AND DENTAL: Any office used by physicians, dentists, and/or other medical professionals to examine, diagnose, and treat patients, and to administer day-to-day accessory office • functions relating to the medical or dental practice. Draft Best Available Science Regulation Amendments, July 13, 2004 221 ~19 20 121 9122 9123 9124 9125 9126 9127 9128 9129 9130 9131 9132 9133 9134 9135 9136 9137 9138 9139 9140 9141 9142 9143 9144 9145 • 46 47 9148 9149 9150 9151 9152 9153 9154 9155 9156 9157 9158 9159 9160 9161 9162 . 9163 9164 9165 9166 9167 9168 9169 9170 9171 .u~ ~74 9175 ON-SITE SERVICES: See SERVICES, ON-SITE. OPEN RECORD APPEAL: An administrative appeal to a local governmental body or officer, including the legislative body, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by RMC 4-8-110. OPEN SPACE: Any physical area that provides visual relief from the built environment for environmental, scenic or recreational purposes. Open space may consist of developed or undeveloped areas, including urban plazas, parks, pedestrian corridors, landscaping, pastures, woodlands, greenbelts, wetlands and other natural areas, but excluding' driveways, parking lots or other surfaces designed for vehicular travel. OPERATOR: See RMC 4-5-120G. ORDINANCE: See RMC 4-9-070R. OUTDOOR RETAIL SALES AREAS: Specially designed areas for the retail sale of automobiles, small trucks, vans or other similar type motor vehicles. It does not generally include commercially licensed motor vehicles such as buses or trucks. OUTSIDE STORAGE: See STORAGE, OUTSIDE. OWNER: See RMC 4-5-120G. OWNER: (F'or purposes of the aquifer protection regulations in RMC 4-3-050, Critical Areas Regulations, and RMC 4-9-015, Aquifer Protection Area permits, only.) May include a duly authorized agent or attorney, a purchaser, fiduciary, and/or a person having vested or contingent interest in the property and/or facility in question. (Ord. 3758,12-5-1983; Ord. 4517, 5-8-1995; Ord. 4587, 3-18-1996; Ord. 4716, 4-13-1998; Ord. 4851, 8- 7-2000; Ord. 4857, 8-21-2000; Amd. Ord. 4963,5-13-2002) 4-11-160 DEFINITIONS P: PARK: For purposes of the application of setback requirements for uses regulated by the provisions of RMC 4-3-010, a "park" is defined as a tract of land provided by a unit of government to meet the active and/or passive recreational needs of people . PARK, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are designed for organized activities and sports, although individual and family activities are also encouraged. Where there are no neighborhood parks, the community or regional park can serve this function. Larger parks often include Draft Best Available Science Regulation Amendments, July 13, 2004 222 I 9176 9177 9178 9179 9180 9181 9182 9183 9184 9185 9186 9187 9188 9189 9190 9191 9192 9193 9194 9195 9196 9197 9198 9199 9200 9201 9202 9203 9204 9205 9206 9207 9208 9209 9210 9211 9212 9213 9214 9215 9216 9217 9218 9219 9220 9221 9222 9223 9224 9225 9226 9227 9228 9229 9230 9231 9232 one specific use or feature that makes the park unique. This definition includes but is not limited to community and regional parks as defined by the City of Renton Parks Plan, trails for nonmotorized travel, and accessory uses normal and incidental to parks. PARK, NEIGHBORHOOD: A combination playground and park designed primarily for nonsupervised, nonorganized recreation activities. They are generally small in size. This definition includes but is not limited to community gardens and other accessory uses normal and incidental to parks. PARKING: OFF-SITE: Parking for a particular land use on land separate from the land on' which the use occurs. The use for parking is subject to a lease or other agreement ensuring the perpetual use of the off- site land for parking. PARKING, SURFACE: Open lots or grounds with at-grade parking improvements. PARKING, TANDEM: The parking of one motor vehicle behind another, in a space two (2) car lengths long, but only one car length wide. PARKING GARAGE, STRUCTURED: A building or structure which may be located above or below ground, with stalls accessed via interior aisles, and used for temporary storage of motor vehicles. Structured parking can be a stand-alone use or a part of a building containing other uses. . PARKING SPACE or PARKING STALL: A parking space is any off-street space intended for the use of temporary vehicular storage for durations of less than seventy two (72) hours with ingress and egress to the space easily identifiable. Included in this definition are the permanent surface, striping, landscaping and other features required by RMC 4-4-080. PASSIVE RECREATION: Nonorganized, low impact use such as hiking, walking, picnicking. It does not include organized sport 'activities such as baseball, soccer, etc. PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or asphalt underlain by a subgrade of crushed rock. ' , . PAVEMENT WIDTH: Width of paved driving and parking surface, including street gutters as measured from face of curb to face of curb, or from edge of pavement where there are no curbs. PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. ' PEDESTRIAN CORRIDORS: Areas designated in the Comprehensive Plan as primary routes for pedestrian use to connect sub-areas of the City or regional trail systems, and to provide access to public facilities. PERENNIAL: Waters which flow continuously: rEfi:rf()~§lmam: Based on StreamneLorg] PERFORMANCE BOND OR GUARANTEE: That security which may be accepted in lieu of a requirement that certain improvements be made before the City Council approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. Draft Best Available Science Regulation Amendments, July 13, 2004 223 • • 433 34 35 . 9236 9237 9238 9239 9240 9241 9242 9243 9244 9245 9246 9247 9248 9249 9250 9251 9252 9253 9254 9255 9256 9257 9258 9259 • 60 61 9262 9263 9264 9265 9266 9267 9268 9269 9270 9271 9272 9273 9274 9275 9276 9277 9278 9279 9280 9281 9282 9283 9284 9285 486 87 88 9289 PERMITTED USES: See USES, PERMITTED. PERSON: Any person, individual, public or private corporation, firm, association, jOint venture, . partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant, other legal entity, or any other entity whatsoever or any combination of such, jointly or severally. PETS, COMMON HOUSEHOLD: Dogs, cats, and other similar-sized animals, as determined by the Development Services Division Director, typically sold in pet stores. PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of hazardous materials. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. PLANNED UNIT DEVELOPMENT (PUD): Any development approved and developed in accordance with the terms of RMC 4-9-150, ,including a subdivision of such land, which development may occur at one time or in phases . PLANNING COMMISSION: That body as defined in chapters 35.63, 35A.63, or 36.70 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. . PLANT ASSOCIATIONS OF INFREQUENT OCCURRENCE: One or more plant species in a landform type that, because of the rarity of the habitat or the species involved, or both, or for other botanical or environmental reasons, do not often occur in King County. PLAT: A map or representation of a subdivision, showing thereon the division of a parcel of land into lots, blocks, streets, and alleys or other division and dedications. PLAT, FINAL:.The final drawing of a subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Title and chapter 58.17 RCW. PLAT, PRELIMINARY: A drawing of a proposed subdivision of land into ten (10) or more individual lots showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of the City subdivision regulations and chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. PLAT, SHORT: The division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership. POTABLE WATER: See RMC 4-6-100. POTENTIAL ANNEXATION AREAS: Areas within the Urban Growth Area that have been deSignated for annexation to the City within the twenty (20) year planning horizon by agreement with King County as required by the Countywide Planning Policies and the Growth Management Act. Draft Best Available Science Regulation Amendments, July 13, 2004 224 I 9290 9291 9292 9293 9294 9295 9296 9297 9298 9299 9300 9301 9302 9303 ·9304 9305 9306 . . 9307 .9308 9309 9310 9311 9312· 9313 9314 9315 9316 9317 9318 9319 9320 9321 9322 9323 9324 9325 9326. 9327 9328 9329 9330 9331 9332 9333 9334 9335 9336 9337 9338 9339 9340 9341 9342 9343 9344 9345 9346 PREAPPLICATION MEETING: A conference held with a project applicant and City representative(s) in advance of the proposed land use project application. During the conference, the City representative(s) inform the applicant of applicable policies,plans, and requirements as they apply to the proposed . development project. PRELIMINARY APPROVAL: The official favorable action taken on the preliminary plat of a proposed subdivision, metes and bounds description, or dedication, by the City Council following a duly advertised public hearing. PRELIMINARY PLAT: See PLAT,PRELIMINARY. PRESCHOOL: Nursery schools or kindergartens which are engaged primarily in educational work with children and in which no child is enrolled on a regular basis for more than four (4) hours per day. PRESSURE VACUUM BREAKER: See RMC 4~6-100. PRIMARY CONTAINMENT: See RMC 4-5-120G . PRIORITY HABITAT AND SPECIES: Habitats and species of importance andconcem as identified by the Washington State Department of Wildlife Priority Habitat and Species Program. "Priority habitats" are habitat types with unique or significant value to many. species. An area classified and mapped as priority habitat musthave one or mQre of the following attributes: . 1. Comparatively high fish and wildlife density. 2. Comparatively high fish and wildlife species diversity. 3. Important,. fish and wildlife breeding habitat. 4. Important fish and'wildlife seasonal ranges. 5. Important fish and wildlife movement corridors. 6. Limited availability. . 7. High vulnerability to habitat alteration. 8. Unique or dependent species. "PrioritY species" are fish and wildlife species requiring protective measures and/or management guidelines to ensure their perpetuation. . PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. The location may be such that it is not readily accessible for immediate use by the fire authority for other than certain private property. PRODUCT TIGHT: See RMC4-5-120G. PROJECTION: The distance by which a sign extends over public property or beyond the building line. PROPERTY OWNERS' ASSOCIATION: See HOMEOWNERS' ASSOCIATION. . PROPONENT: See APPLICANT. Draft Best Available Science Regulation Amendments, July 13, 2004 225 • •• .• ' 447 48 49 9350 9351 9352 9353 9354 9355 9356 9357 9358 9359 9360 9361 9362 9363 9364 9365 9366 9367 9368 9369 9370 9371 9372 9373 • 74 75 9376 9377 9378 9379 9380 9381 9382 9383 9384 9385 9386 9387 9388 9389 9390 9391 9392 9393 9394 9395 9396 9397 9398 9399 400 01 '402 PUBLIC FACILITIES: Streets, roads, highways, sidewalks, street lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreation facilities, schools, public buildings. PUBLIC USE SUFFIX: A mapping overlay designation used to identify publicly owned, operated, or leased land and facilities and the uses contained therein. (Ord. 3719,4-11-1983; Ord. 3758,12-5-1983; Ord. 4007, 7-14-1986; Ord. 4039,1-19-1987; Ord. 4346, 3- 9-1992; Ord. 4351,5-4-1992; Ord. 4367, 9-14-1992; Ord. 4517,5-8-1995; Ord. 4521,6-5-1995; Ord. 4522,6-5-1995; Ord. 4577,1-22-1996; Ord. 4827,1-24-2000; Ord. 4835, 3-27-2000; Ord. 4840, 5-8- 2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002) . 4-11-170 DEFINITIONS Q: {Re-seFVeG} QUALIFIED PROFESSIONAL: A person with experience and training in the pertinent scientific discipline. and who is a qualified scientific expert with expertise appropriate for the relevant subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or BA or equivalent degree in biology. and professional experience related to the subject habitat or species. rEOtf~Slffl'0m: In part -State Example Code.] 4-11-180 DEFINITIONS R: RAILROAD YARDS:' An area for the switching, storing, assembling, distributing, consolidat!ng, moving, repairing, weighing or transferring of cars, trains, engines, locomotives, and rolling stock. REAR YARD: See YARD REQUIREMENT. REASONABLE USE: A legal concept that has been articulated by federal and state courts in regulatory takings issues. RECEIVING BODIES OF WATER: Creeks, streams, rivers,'lakes, storm sewers, wetlands and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open and closed systems. RECOGNIZED HIGHER RISK: The handling, processing or storage of flammable, explosive, blasting or toxic agents and their related processes and/or activities which are generally considered as high hazard occupancy by agencies and/or publications, which include but are not limited to the Washington Surveying and Rating Bureau, the American Insurance Association as per its Fire Prevention Code and National Building Code, as the same may be amended from time to time as posing a higher risk on its neighbors and/or adjacent or nearby properties natural or manmade waterways, or which may tend to endanger environmental qualities before special actions are taken to mitigate adverse characteristics. RECREATIONAL FACILITIES, INDOOR: A place designed and equipped for the conduct of sports and leisure-time activities within an enclosed space. Examples include gymnasiums, amusement arcades, Draft Best Available Science Regulation Amendments, July 13, 2004 226 I 9403 9404 9405 9406 9407 9408 9409 9410 9411 9412 9413 9414 9415 9416 9417 9418 9419 9420 9421 9422 9423 9424 9425 9426 9427 9428 9429 9430 9431 9432 9433 9434 9435 9436· 9437 9438 9439 9440 9441 9442. 9443 9444 9445 9446 9447 9448 9449 9450 9451 9452 9453 ·9454 9455 9456 9457 9458 ,9459 health and fitness clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools, This definition excludes indoor sports·arenas, auditoriums, and exhibition halls, RECREATIONAL FACILITIES, OUTDOOR: A 'place designed and equipped for the conduct of sports and leisure-time activities with little or no enclosed space. Examples include: private (commercial or private club) outdoor tennis courts, private outdoor swimming pools, batting cages, ar:nusement parks, miniature golf courses, golf driving ranges, and playgrounds. This definition excludes marinas, parks, golf courses and outdoor sports arenas. RECREATIONAL VEHICLE: A vehicle that is: '1. Built on a single chassis; and 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; and 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use asa permanent dwelling but as temporary quarters for recreational, camping, travel, or seasonal use. This definition includes, but is not limited to, motor homes and travel trailers. ." . RECYCLABLES: Newspaper, uncoated mixed paper, aluminu~, glass and metai food and beverage containers, polyethylene terepthalate (PET #1) plastic bottles, high density polyethylene (HOPE #2) plastic bottles, and such other materials that the City and contractor determine to be recyclable. , RECYCLABLES DEPOSIT AREA: In multi-family residences, commercial, industrial and other nonresidential development, the area(s) where recyclables will be stored. RECYCLING COLLeCTION STATION: Acontainer or containers for the collection of secondhand goods and recyclable materials. RECYCLING COLLECTION AND PROCESSING CENTER: A facility where collected recyclable items are brought for sorting, compaction, transfer, and/or processing including changing the form of materials. REFUSE: A term synonymous with municipal solid wast~ (MSW) including all accumulations of waste matters discarded as of no further value to the owner, such as kitchen and table waste, wrappings and small discarded containers, ,and small dead animals weighing not over fifteen (15) pounds, but shall exclude all manure, sewage, large dead animals, petroleum products, cleanings from public and private catch'basins, washracks or sumps, bulk waste,recyclables, yard waste arid special or hazardous wastes. REGULATED ACTIVITY: (For chapter 4-3 RMC, Critical Area Regulation Use only.) All existing and propos'ed activities located within a regulated critical area or critical. area buffer. REGULATED SUBSTANC~S: See RMC 4-5-120G. RELIGIOUS INSTITUTIONS: Churches, synagogues, temples and other places where gathering for worship is the principle purpose of the use. Typical accessory uses associated with this use include licensed day care facilities, playground, community meeting facilities, and private schools, rectory or convent, and offices for administration of the institution. REMOVAL OF VEGETATION: The actual removal or causing the effective removal through damaging; poisoning, root destruction or other direct or indirect actions resulting in the death of a tree or other vegetation. RENTAL UNIT: Any dwelling unit-which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date Draft Best Available Science Regulation Amendments, July 13, 2004 227 • '. • · 9460 "'61 -.462 9463 9464 9465 9466 9467 9468 9469 9470 9471 9472 9473 9474 9475 9476 9477 9478 9479 9480 9481 9482 9483 9484 9485 9486 487 88 ~89 .9490 9491 9492 9493 9494 9495 9496 9497 9498 9499 9500 9501 9502 9503 9504 9505 9506 9507 9508 9509 9510 9511 9512 ~~~ ~5 of RMC 4-9-040, Condominium Conversion Regulations. A dwelling unit in a converted building for which there has been no acceptance of an offer of sale as of October 15, 1979, shall be considered a rental unit. REPAIR or MAINTENANCE: An activity that restores the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design are not included in this definition:· RESTRICTIVE COVENANT: A restriction on the use of land set forth in a formal binding agreement running with the land and binding upon subsequent owners of the property. RETAIL, BIG-BOX: A single indoor retail or wholesale user who occupies no less than seventy five thousand (75,000) square feet of gross floor area, typically requires high parking to building area ratios, and has a regional sales market. Big-box retail/wholesale sales can include, but are not limited to, membership warehouse clubs that emphasize bulk sales, discount stores, and department stores. This definition does not include auto sales, outdoor retail sales, and adult retail uses. RETAIL SALES: Establishments within a permanent structure of less than seventy five thousand (75,000) square feet engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition excludes adult retail uses, vehicle sales, big-box retail, outdoor retail sal~s, eating and drinking establishments, and taverns. RETAIL SALES, OUTDOOR: The display and sale of products and services primarily outside of a building or structure, including but not limited to garden supplies, tires and motor oil, produce sales, farmers' markets, manufactured homes, burial monuments, building and landscape materials, and lumber yards. This definition. excludes adult retail uses, or vehicle sales. . RETIREMENT RESIDENCE: A building or group of buildings which provide residential facilities, including· a common kitchen and dining room but witho!Jt full kitchen facilities (sink, oven or range, and refrigerator) in each unit, for residents sixty two (62) or more years in age, except f()r spouses for whom there is no minimum age requirement. This definition excludes multi-family (attached) dwelling units, boarding and lodging houses, convalescent facilities, adult family homes! and group homes I and II. RIPARIAN AREA: The upland area immediately adjacent to and paralleling a body of water andis usually composed of trees, shrubs and other plants. Riparian functions include bank and channel stability, sustained water su I flood stora e recruitment of wood debris leaf litter nutrients sediment and pollutant filtering, shade, shelter, and other functions thaf are important to both fish and wildlife. uE~ltG~' ~: From Cowlit~ Countyj . . ROADWAY: That portion of a street intended for the accommodation of vehicuiar traffic, generally within curb lines. ROOFS, PITCHED: A shed, gabled or hipped roof having a slope or pitch of at least one foot (1 ) rise for each four feet (4) of horizontal distance in the direction of the slope or pitch of the roof. . ROUTINE VEGETATION MANAGEMENT: Tree and other vegetation management undertaken as part of a regularly scheduled program of maintenance and repair of property. (Ord. 3366,10-15-1979; Ord. 3758,12-5-1983; Ord. 4346, 3-9-1992; Ord. 4351, 5-4-1992; Ord. 4367,9- 14-1992; Ord. 4426, 11-8-1993; Ord. 4521,6-5-1995; Ord. 4522,6-5-1995; Ord. 4835, 3-27-2000; Ord. 4851,8-7-2000; Amd. Ord. 4963, 5-13-2002) 4-11-190 DEFINITIONS S: Draft Best Available Science Regulation Amendments, July 13, 2004 228 9516 9517 9518 . 9519 9520 9521 9522 9523 9524 9525 9526 9527 9528 9529 9530 9531 9532 9533 9534 9535 9536 9537 9538 9539 9540 9541 9542 9543 . 9544 ···9545 9546 ·9547 ·9548 9549 9550 9551 9552 9553 9554 9555· 9556 9557 9558 9559 9560 9561 9562. 9563 . 9564 9565 9566 9567 . 9568 9569 9570 9571 9572 SALES/MARKETING TRAILERS, ONSITE: Trailers used for· temporary on-site sales and marketing of . developments and/or construction sites. . SALMONID MIGRATION BARRIER: An in-stream blockage that consists of a natural drop (no human influence) with an uninterrupted slope greater than 100-percent (45 degree angle) and a height in excess of 11 vertical feet within anadromous salmon-bearing waters or a height in excess of 3 vertical feet within resident trout only bearing waters. MHuman-made barriers to salmonid migration (e.g., culverts, weirs. etc.) shall be considered barriers to salmonid migration by this definition. only if they were lawfully installed; permanent: present a complete barrier to salmonid bassage based on hydraulic drop. water velocity. water depth. or any otherfeature which would prevent all salmonid from passing upstream: and in the opinion of the City Reviewing Official cannot be modified to provide salmonid passage without resulting in significant impacts to other environmental resources. major transportation and utility systems. or to the public. and would have significant expense. For the purposes of this definition significant expense means a cost equal to or greater than 50% of the combined value of the proposed site buildings; structures. and/or site improvements. and existing buildings. structures. and/or site improvements to be retained. f~~ltOlSmate: This definition relates to new 4-3-050.L.1 water body classifications. The description of the barriers to salmonid migration is intended to avoid interpretations that temporary features should result in a lower stream class. or that partial barriers should lead to a lower stream class. or the situation where someone is adding a barrier; the current mapping of barriers by a prior City . consultant may not have included temporary or partial barriers; but the language here may help guide future mapping ·updates.) .. SCHOOLS/STUDIOS, ARTS AND CRAFTS: Schools and studios for education in various arts and crafts including but not limited to photography, dance, music, and language skills. Streamnet.org) . SECONDARY CONTAINMENT: See RMC4-5-120G. SECURE COMMUNITY TRANSITION FACILITY (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of · sex offender treatment services. Secure community transition facilities include but are not limited to the · facilities established pursuant to RCW 71.09.250 and any community-based facilities established under chapter71.09 RCW and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 4982, 9-23-2002) . . SEGREGATION: Division of land intolots or tracts each of which is one-one hundred twenty eighth · (1/128) of a section of land or larger, or five (5) acres or larger if the land is not capable of description as · a fraction of a section of land. SENSITIVE AREAS: See CRITICAL AREAS. SEPA: The State Environmental Policy Act of 1971 (chapter43.21C RCW). SERVICE AND SOCIAL ORGANIZATIONS: An incorporated or unincorporated nongovernmental or private association of persons organized for social, education, ·Iiterary or charitable purposes. This definition also includes community meeting halls; philanthropiC institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions and offic"es, and government facilities. .. . SERVICEABLE: Presently usable. SERVICES, OFF-SITE: Establishments primarily engaged in providing individual or professional services at the customer's home or place of business. Examples of off-site services include, but are not limited to, Draft Best Available Science Regulation Amendments, July 13, 2004 229 • •• • • 573 74 575 9576 9577 9578 9579 9580 9581 9582 9583 9584 9585 9586 9587 9588 9589 9590 9591 9592 9593 9594 9595 9596 9597 9598 9599 400 01 602 9603 9604 9605 9606 9607 9608 9609 9610 9611 9612 9613 9614 9615 9616 9617 9618 9619 9620 9621 9622 9623 9624 9625 ~~~ 'lfz8 9629 temporary employment services, janitorial services, and professional house cleaner services. This definition excludes service and social organizations and on-site services. SERVICES, ON-SITE: Establishments primarily engaged in providing individual or professioMI services within the place of business, such as beauty and barber shops, retail laundry and dry-cleaning including coin-operated, garment alterations and repair, photo studios, shoe repair, pet grooming, photography and photo reproduction, real estate offices, personal accountants, entertainment media rental or other indoor rental services, and repair of personal or household items, except for vehicle repair. This definition excludes adult retail uses, service and social organizations, and off-site services. SETBACK: The minimum required distance between the building footprint and the property line. SETBACK LINE, LEGAL: The line established by ordinance beyond which no building may be built. SEWAGE: See RMC 4-6-100. SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility deSigned for the collection, removal, treatment, and disposal of waterborne sewage. This definition excludes disposal facilities. SEWAGE TREATMENT PLANT: See RMC 4-6-100. SEWAGE WORKS: See RMC 4-6-100. SEWER: See RMC 4-6-100. SEWER, BUILDING: See RMC 4-6-100. SEWER, PUBLIC: See RMC 4-6-100. SEWER, SANITARY: See RMC 4-6-100. SHOPPING CENTER: A group of buildings, structures and/or uncovered commercial areas, or a single building containing four (4) or more individual commercial.establishments, planned, developed and managed as a unit related in location and type of shops to the trade areas that the unit serves. Draft Best Available Science Regulation Amendments, July 13, 2004 230 9630 ·9631 9632 9633 9634 9635 . 9636 9637 9638 9639· 9640 ·9641 9642 9643 9644 9645 9646 9647 9648 9649 9650 9651 9652 9653 9654 9655 9656 ·9657 9658 9659 9660 9661 9662 9663 9664 9665 9666 9667 9668 9669 9670 9671 9672 9673 9674 9675 9676 9677 9678 9679 9680 9681 9682 9683 9684 9685 9686 SHORT PLAT: The map or representation of a short subdivision. See PLAT, SHORT. SHORT SUBDIVISION: See PLAT, SHORT. SIDE SEWER: See RMC 4-6-100: SIDE SEWER STUB: See RMC 4-6-100. SIDE YARD: See YARD REQUIREMENT. SIDEWALK: A concrete walkway separated from the roadway by a curb, planting strip or roadway shoulder. SIGHT TRIANGLE: See CLEAR VISION AREA. SIGN: Any medium, including merchandise, its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising purposes. Signs do not inciude sculptures, wall paintings, murals, collages, and other design features determined to be public art by the City. SIGN, A-FRAME: See SIGN, PORTABLE. SIGN, ANIMATED: A sign with action or motion, flashing or color changes requiring electrical energy; electronic or manufactured source of supply, but not including revolving signs or wind actuated elements suchas flags or banners. SIGN AREA: A measurement of the total area of a sign visible from anyone viewpoint or direction, excluding the sign support structure, architectural embellishments, or, framework that contains no written . copy, or does not form part of the sign proper or of the display. Freestanding letters or characters, where no background is specially provided, shall be measured by determining the smallest rectangle or polygon that encloses the extreme limits of the shapes to be used. SIGN, COMBINATION: Any sign incorporating any combination of the features of pole, projecti!1g and roof signs. SIGN,ELECTRIC: Any sign containing or utilizing electrical wiring, but not including signs illuminated by an exterior light source. SIGN, ELECTRONIC MESSAGE. BOARD: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. SIGN, FREESTANDING: A sign wholly supported by asign structure in the ground. SIGN, GROUND: A type of freestanding sign, other than a freestanding pole sign, in which the sign is in contact with or close to the ground, has a solid base anchor, and is independent of any other structure. SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated, to the top of the sign or sign structure. SIGN, ON-PREMISES: A sign which displays only advertising copy strictly incidental to the lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted at, Draft Best Available Science Regulation Amendments, July 13, 2004 231 • • • ~87 88 89 9690 9691 9692 9693 ,9694 9695 9696 9697 9698 9699 9700 9701 9702 9703 9704 9705 9706 9707 9708 9709 9710 9711 9712 9713 414 15 16 9717 9718 9719 9720 9721 9722 9723 9724 9725 9726 9727 9728 9729 9730 9731 9732 9733 9734 9735 9736 9737 9738 9739 j!? services rendered, goods sold or produced on the immediate premises, name of the business, person, firm or corporation occupying the premises, SIGN, POLITICAL: Signs advertising a candidate or candidates for public, elective office or a political party, or signs urging a particular vote or action on a public issue decided by ballot whether partisan or nonpartisan, . SIGN, PORTABLE: A sign not permanently affixed which is designed for or capable of movement, except for those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles. A. Sign, A-Frame: A nonilluminated type of portable sign comprised of hinged panels configured in the shape of the alphabetic letter U A." These signs contact the ground but not are not anchored to the ground and are independent of any other structure. SIGN, PROJECTING: A sign other than a wall sign which projects from and is supported by a wall or a building or structure, and does not extend above any adjacent parapet or roof of the supporting building. SIGN, ROOF: A sign erected upon or above a roof or parapet of a building or structure. SIGN STRUCTURE: Any structure which supports or is capable of supporting any sign as defined in this Title. A sign structure may be a single pole and may not be an integral part of the building. SIGN, TEMPORARY: Any sign, banner, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, or advertising device intended to be displayed only for a limited period of time including the following types of signs: A. Advertising Device: Balloons, flags, inflatable statuary and figures, light strings, pennants/streamers, , portable readerboards, searchlights, wind-animated devices, and similar devices of a carnival nature. B. Balloon: A spherical, flexible, nonporous bag inflated with air or gas lighter than air, such as helium, and intended to float in the air. C. Banner: Any sign of lightweight fabric or similar material that is mounted to a pole and/or building by any means. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. A banner is not defined by shape and may be square, rectangular, round, triangular/pennant shaped, etc. 1. Banner, Pole, Hung: A banner attached at its top and bottom to a pole or light standard by extensions from the pole.' , 2. Banner, Pole/Wall Strung: A banner attached at its top and bottom corners strung between buildings, poles, and/or light standards. 3. Banner, Wall Hung: A banner attached to a building and where the banner lies flat against the building surface at all times. D. Devices of a Carnival Nature: All temporary signs, advertising devices, lights, and other means of attracting attention, which are commonly associated with carnival settings, and which are not otherwise specifically identified in the Renton Municipal Code. Fabric or plastic bunting shall be considered one type of carnival device, E. Flag: A piece of cloth or plastic, supported by a vertical or horizontal staff, which is intended to flutter in the wind. Draft Best Available Science Regulation Amendments, July 13, 2004 232 9742 9743 9744 9745 9746 9747 9748 9749 9750 9751 9752 9753 9754 9755 9756 9757 9758 9759 9760· 9761 9762' 9763 9764 9765 9766 9767 9768 9769 ·9770 9771 9772 9773 ·9774" 9775 9776 9777 9778 9779 9780 9781 9782 9783 9784 9785 9786 9787 9788 9789 9790 979t" 9792 9793 9794 9795 9796 9797 9798 F. Inflatable Statuary: An advertising device that is inflated and the likeness of an animate or inanimate object or cartoon figure is used to attract attention, advertise, promote, market, or display goods and/or services. G. Manual Message Board: Any sign that is designed so that characters, letters, or illustrations can be changed or rearranged by hand without altering the face or the surface of the sign. H. Pennant/Streamer: An individuql object and/or series of small objects made of lightweight plastic, fabric, or other material, which mayor may not contain text, which is suspended from and/or twined . around a rope, wire, or string. ' I. Readerboards, Portable: A sign which is self-supporting but not permanently attached to the ground or building and can be moved from one location to another and is typically internally illuminated. Portable readerboards are also known as "trailer signs." J. Sign, Rigid Portable: A sign which is not permanently affixed and designed for or capable of movement. Those signs explicitly designed for people to carry on their persons or which are permanently ·affixed to motor vehicles are considered to be rigid portable signs. A rigid portable sign is not considered to be a portable readerboard or "trailer sign." K. Sign, Window: Any sign, temporary or permanent, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window. Interior display of merchandise for sale, including accessory mannequins and other props, shall not be considered window signs. L. Wind-Animated Object: Any device, e.g., windsocks, pinwheels, whirligigs, etc., whose primary movements are caused by the wind or atmospheric conditions, attached by a tether. A balloon or inflatable statuary, with or without moveable parts, is not coris,idered a wind-animated object. SIGN, TRADITIONAL MARQUEE: A sign typically associated with movie theaters, perfor:ming arts theaters, and theatrical playhouses. The sign is attached flat against and parallel to the surface of a marquee structure. In addition, a changeable copy area is included where characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign. . ' SIGN, UNDER. MARQUEE: A lighted or unlighted display attached to the underside of a marquee protruding over public or private sidewalks. Under marquee signs may also be called "under awning" or "under canopy" signs. SIGN, WALL: Any sign painted, attached or erected against the wall of a building or structure, ""ith the exposed face of the sign in a plane parallel to the plane of said wall. In order to be considered a wall sign, a sign may not extend above any adjacent parapet or the roof of the supporting building. SIGNIFICANT #2 RATING: A rating assigned to wetlands in King County that are greater than one acre in size; equal to or less than one acre in size and having a forested vegetation class; or the presence of heron rookeries or raptor nesting trees. , SINGLE-WALLED: See RMC 4-5-120G. SITE PLAN:A detailed plan drawing, prepared to scale, showing accurate boundaries of a site and the location of all buildings, structures, uses, and prinCipal site'development features proposed for a specific parcel of land. ' SLOPE: An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance, which may be regulated or unregulated. SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two (2) classes of slope, sensitive or protected. ' Draft Best Available Science Regulation Amendments, July 13, 2004 233 • , • • • 799. 00 01 9802 9803 9804 9805 9806 9807 9808 9809 9810 9811 9812 9813 9814 9815 9816 9817 9818 9819 9820 9821 9822 9823 9824 9825 .,6 ~2~ 9829 9830 9831 9832 9833 9834 9835 9836 9837 9838 9839 9840 9841 9842 9843 9844 9845 9846 9847 9848 9849 9850 9851 ~~ 'W54 9855 A. Slope, Protected: A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15 ). B. Slope, Sensitive: A hillside, or portion thereof, characterized by: (1) an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of twenty five percent (25%) to less than forty percent (40%); or (2) an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater with a vertical rise of less than fifteen feet (15), abutting an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of twenty five percent (25%) to forty percent (40%). This definition excludes engineered retaining walls. SMP: City of Renton's Shoreline Master Program. SOIL ENGINEER: A licensed civil engineer experienced and knowledgeable in the practice of soil engineering. SOIL ENGINEERING: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth or other materials and the inspection and testing of the construction thereof. SOIL ENGINEERING REPORT: A report including data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and options and recommendations covering adequacy of sites to be developed by the proposed grading. SOLID WASTE: Shall be defined as per Minimal Functional Standards for Solid Waste Handling, WAC 173-304-1 00(73). SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or 4. Excretory functions as part of or in connection with any of the activities set forth in this definition. SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS, INDOOR: A large enclosed facility used for professional, semi-professional spectator sports, arena concerts, expositions, and other large-scale public gatherings. This definition includes stadiums, concert halls, auditoriums, exhibition halls, and accessory eating and drinking establishments. This definition excludes sports arenas or stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. SPORTS ARENAS, OUTDOOR: A large outdoor facility used for professional, semi-professional spectator sports, arena concerts, and other large-scale public gatherings. This definition includes but is not limited to stadiums, concert arenas, and accessory eating and drinking establishments. This definition Draft Best Available Science Regulation Amendments, July 13, 2004 234 9856 9857 9858 9859 9860 9861 9862 9863 9864 9865 ·9866 9867 9868 9869 9870 9871 9872 9873 9874 9875 9876 9877 9878 9879 9880 9881 9882 9883 9884 9885 9886 9887 9888 9889 9890 9891· 9892 9893 9894 '9895 9896 9897 9898 9899 9900 9901 9902 9903 9904 9905 9906 9907 9908 9909 9910 9911 excludes sports arenas or stadiums associated with schools. cultural facilities. movie theaters. and entertainment clubs. STABLES. COMMERCIAL: A land use on which equines are kept for sale or hire to the public. Breeding. boarding. or training of equines may also be conducted. STACKING SPACE: The space specifically de13ignated as a waiting area for vehicles whose occupants will be patronizing a drive-through business. Such space is considered to be located directly alongside a- drive-in window. facility or entrance used by patrons and in lanes leading up to the business establishment. . START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued; provided. the actual start of construction. repair. reconstruction. placement or other . improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site. such as the pouring of slab or footings. the installation of piles. the construction of columns. or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction. does not include land . preparation. such as clearing. grading and filling; nor does it include the installation of streets and/or. walkways; nor does it include excavation for a basement. footings. piers. or foundation or the erection of temporary forms; nor does it include the installation on the property as accessory buildings. such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial· improvement. the actual start of construction means the first alteration of any wall. ceiling. floor. or other . structural part of a building. whether or not that alteration affects the external dimensions of the building. STORAGE. BULK: 1 . The holding or stockpiling on land of material and/or products where such storage constitutes forty percent (40%) of the developed site area and the storage area is at least one acre. and where at least three (3) of the following criteria are met by the storage activity: a. In a bulk form or in bulk containers; b. Under protective cover to the essential exclusion of other uses of the same space due to special fixtures or exposed to the elements; . c. In sufficient numbers. quantities or spatial.allocation of the site to determine and rank such uses as the principal use of the site; .- d. The major function is the collection and/or distribution of the material and/or products rather than processing; and e. The presence of fixed bulk containers or visib)e stockpiles for a substantial period of a year. 2. Bulk storage facilities include. but are not limited to: a. Automobile holding and transfer depots; b. Brick or tile storage and manufacturing; c. Concrete block and products storage and manufacturing; d. Contractor equipment yards; e. Equipment or machinery of the stationary type not in use. not mounted on necessary foundations or connected as required when during use. not designated and used as portable. and not stored in a warehouse. This includes operable motor vehicles or wheeled equipment used only periodically where -, . Draft Best Available Science Regulation Amendments. July 13. 2004 235 • • • .4 12 13 914 9915 9916 9917 9918 9919 9920 9921 9922 9923 9924 9925 9926 9927 9928 9929 9930 9931 9932 9933 9934 9935 9936 9937 9938 • 39 ~O 9941 9942 9943 9944 9945 9946 9947 9948 9949 9950 9951 9952 9953 9954 9955 9956 9957 9958 9959 9960 9961 9962 9963 9964 ~~ ~7 storage durations exceed those provided for parking lots as defined in RMC 4-4-080, Parking, Loading and Driveway Regulations; f. Foundries; g. Fuel yards, wholesale; h. Grain or feed sites, elevators, or the open storage of grain and feed; i. Log, random cut and chipped wood by-products storage; j. Lumber mills and wholesalers; k. Sand and gravel yards including sizing, transfer and loading equipment when present; I. Scrap or junk yards and wrecking yards; m. Solid waste holding and disposal areas; n. Tank farms including distribution and loading systems. 3. Bulk storage facilities exclude: a. Land banks, greenbelts, watersheds or public water reservoirs; b. Parking lots or structures for private licensed automobiles; c. Ship y~rds; d. Warehouses alone or in conjunction with manufacturing on the site and when not including any of the . uses listed above in subsection (2)(a) through (2)(n)of this definition; . e. Facilities for storage of petroleum or any of its by-products, for use incidental to the primary use of the property (e.g., heating, boiler or vehicular fuel or lubricants); f. Retail service stations; g. Retail sales lots for new ~r used automobiles. STORAGE, HAZARDOUS MATERIAL, ON-SITE· OR OFF:"SITE, INCLUDING TREATMENT: A facility engaged in storage of materials, produced on-site or brought from another site, that are inflammable, explosive, or that present hazards to the public health, safety, and welfare including all substances and materials as defined under hazardous materials, hazardous substances, and hazardous waste. STORAGE, INDOOR: A use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes hazardous material storage, self-service storage, warehousing and distribution, and vehicle storage. STORAGE, OUTDOOR: A use engaged in. outdoor storage, wholesale, sales, rental, and distribution of products, supplies, and equipment. This definition excludes hazardous material storage, warehousing and distribution, and vehicle storage. STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. This definition excludes indoor storage, warehousing, outdoor storage, and hazardous material storage. Draft Best Available Science Regulation Amendments, July 13, 2004 236· 9968 9969 ·9970 9971 9972 9973 9974 9975 9976 9977 9978 9979 9980 9981 9982 9983 9984 ·9985 9986 9987 9988 9989 9990 9991 9992 9993 9994 9995 9996 9997 9998 9999 10000 I 10001· 10002 10003 10004 10005 10006 10007 10008 10009 10010 10011 10012 10013 STORAGE, VEHICLE: An indoor or outdoor area forparking or holding of motor vehicles and boats or wheeled equipment for more than seventy two (72) hours. This definition excludes vehicle sales, vehicle • rental, body shops, tow truck operation/auto impoundment yard, auto wrecking yard, outdoor storage, and indoor storage. STORM SEWER and STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. See RMC 4-6-100. STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that thetopmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet (6) above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12 ) above grade at any point, such usable or unused under-floor space shall be considered as a story. STORY, FIRST: The lowest story in a building that qualifies as a story, as defined herein,except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4 ) below grade for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8 ) below grade at any point. STREAM ALTERATION: The relocation or change in the flow of surface water runoff flowing in a natural or modified channel. STREAM, CREEK, RIVER, OR WATERCOURSE: Any portion of a channel, bed, bank, or bottom waterward of the ordinary high water mark in which fish may spawn, reside, or through which they may pass, and tributary 'Haters ' .... ith defined beds or bank which influence the quality of fish habitat do\'mstream. This includes watercourses which flow on an intermittent basis or which fluctuate in le\'el during the year, and applies to the entire bed of such watersourse whether or not the ' .... ater is at peak level. This definition does not include irrigation of ditches, canals, storm water runoff devices, or other entirely artificial watercourses, except where they exist in a natural \'Jatercoursewhich has been altered by humans or except where there are salmonids. Refer also to RMC 43 05086.' . STREAM/LAKE CLASS: . The stream and lake waters in the City are defined by class as follows: 1. Class 1: Class 1 waters are perennial salmonid-bearing waters which are: classified by the City and State as Shorelines of the State. 2. Class 2: Class 2 waters are perennial or intermittent salmonid-bearing waters which meet one or more of the following criteria: . a. Mapped on Figure a.I, Renton Water Class Map, as Class 2; and/or b. Historically and/or currently known to support salmonids, including resident trout, at any stage in the species lifecycle: and/or c. is a water body (e.g. pond, lake) between 0.5 acre arid 20 acres in size. 3. Class 3: Class 3 waters are non-salmonid-bearing perennial waters during years of normal rainfall, and/or mapped on Figure aJj, Renton Water Class Map, as Class 3. 4. Class 4: Class 4 waters are non-salmonid-bearing intermittent waters during years of normal rainfall, and/or mapped on Figure a.~, Renton Water Class Map, as Class 4. 5. Class 5: Class 5 waters are non-regulated non-salmonid-bearing waters which meet one or more of the following criteria: Draft Best Available Science Regulation Amendments, July 13,2004 237 • • ' 014 15 10016 10017 10018 10019 10020 10021 10022 10023 10024 10025 ,10026 10027 10028 10029 10030 10031 10032 10033 10034 10035 10036 10037 10038 • 39 ~O 10041 10042 10043 10044 10045 10046 10047 10048 10049 10050 10051 10052 10053 10054 10055 10056 10057 10058 10059 10060 10061 10062 10063 10064 ~~ W67 10068 a. flow within an artifically constructed channel where no naturally-defined channel had previously existed; and/or b. Are a surficially isolated water body less than 0.5 acre (e.g. pond) not meeting the criteria for a wetland as defined in Section M. STREET, ARTERIAL: Streets intended for higher traffic volumes and speeds as designated by the Planning/Building/Public Works Department. STREET, COLLECTOR: A street providing access with higher traffic volumes than a typical residential, ' commercial, or industrial access street. Collector streets are designated by the Planning/Building/Public Works Department. STREET, COMMERCIAL ACCESS: A non-arterial street providing access to commercial land uses. STREET FRONTAGE: (For purposes of sign regulations.) Business directly abutting a public right-of-way affording direct access to the busine~s, or having a parking lot used by one business which fronts directly on and gaining vehicular access from the public right-of-way. STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial land uses. STREET, RESIDENTIAL ACCESS: A non-arterial street providing access to residential land uses, and not designated as a collector street by the Planning/Building/Public Works Department. STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. '. . SUBDIVISION: The division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT and PLAT, SHORT. SUBDIVISION, PHASED.: A subdivision which is developed in increments over a peripd of time. Preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in increments. The preliminary plat approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval shall be granted for each separate phase of the preliminary plat and any changes at the preliminary plat stage would require Council approval. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Draft Best Available Science Regulation Amendments, July 13, 2004 238 I 10069 10070 10071 10072 10073 10074 10075 10076 10077 10078 10079 10080 . 10081 10082 10083 10084 10085 10086 10087 10088 10089 10090 10091 ·10092 10093 10094 10095 10096 10097 10098 10099 10100· 10101 10102 10103 10104 10105 10106 10107 10108 10109 10110 10111 10112 10113 10114 10115 10116 10117 10118 10119 10120 10121 10122 .10123 10124 10125 SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as residential and/or commercial structures and their accessory structures, that have a reasonable remaining economic life as indicated by their assessed valuation. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the costof which equals or exceeds fifty percent (50%) of the market value of the structure either: 1. Before the improvement or repair is started; or . 2 .. lfthe structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantiallmprovemenr is considered to occur when the first alteration of any wall, ceiling, floor, or other structurc:d part of the building commences, whether or nor that alteration affects the external dimensions of the structure. . The term does not, however, include either: 1. Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State .Inventory of Historic Places. SUBTENANT: A person in possession.of rental unit through the tenant with the.knowledge and consent, express or implied, of the owner. SURVEY STANDARDS: City of Renton Survey Standards as adopted by the Planning/Building/ Public Works Department. .. . (Oid.2820, 1-14-1974; Ord. 3366; 10-15":1979; Ord. 3719, 4-11-1980; Ord. 3758; 12-5-1983; Ord. 4071, 6-1-1987; Ord. 4172,9-12-1988; Ord. 4346, 3-9-1992; Ord. 4367,9-14-1992; Ord.4517, 5-8-1995; Ord .. 4521,6-5-1995; Ord.4522, 6-5-1995; Ord. 4577,1":22-1996; Ord. 4636, 9-23-1996; Ord. 4691,1-6-1997; Ord. 4716, 4-13-1998; Ord. 4720, 5-4-1998; Ord. 4724, 5-11-1998; Ord. 4828,1-24-2000; Ord. 4832,3-6- 2000; Ord. 4835,3-27-2000; Ord. 4848, 6-26-2000; Ord. 4851,8-7-2000; Ord. 4917, 9-17-2001; Amd. Ord. 4963, 5-13-2002) 4-11-200 DEFINITIONS T: TANK VEHICLE: A vehicle other than a railroad tank car or boat, with a cargo tank mounted thereon or . built as an integral part thereof used for the transportation of flammable or combustible liquids, LP-gas, or hazardous chemicals. Tank vehicles include self-propelled vehicles and full trailers and semi-trailers, with or without motive power, and carrying part or all of the load. TAVERN: An establishment used primarily for the serving of liquor by the drihk to the general public that··· holds a Washington State tavern license. Establishments in this category limit their dedicated dining area to less than fifteen percent (15%) of the total establishment and restrict entry to the premises to persons twenty one (21) years of age and older. This definition excludes restaurants, cafes, fast-food establishments, microbreweries with restaurants, and espresso stands .. TAXI STAND: A facility for pick-up and drop-off of taxi patrons, typically characterized by an area for queuing passengers and taxis. . . Draft Best Available Science Regulation Amendments; July 13, 2004 239 • •• • 41 26 27 28 10129 10130 10131 10132 10133 10134 10135 10136 10137 10138 10139 10140 10141 10142 10143 10144 10145 10146 10147 10148 10149 10150 10151 10152 ~3 'Mrs1. 10156 10157 10158 10159 10160 10161 10162 10163 10164. 10165 10166 10167 10168 10169 10170 10171 10172 10173 10174 10175 10176 10177 10178 ~6 TEMPORARY OR MANUFACTURED BUILDINGS USED FOR CONSTRUCTION: Construction site buildings housing the office of construction/development management and sales staff for duration of construction. TEMPORARY USE: A use of limited term. Temporary uses may be established under special circumstances for some temporary time period. TENANT: Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, express or implied. TERRACE: A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. THRESHOLD LIMIT VALUE (TLV): The concentration of certain airborne materials representing conditions under which,it is believed and adopted by the American Conference of Govemmentallndustrial Hygienists (ACGIH) that nearly all workers may be repeatedly exposed day after day without adverse effects .. TOE OF SLOPE: A point or line at the low point of a natural slope or slope created through an excavation or cut where the lower surface changes to horizontal or meets the existing ground surface. The toe of a slope may be a distinct topographic break in slope gradient or the pOint in which the lower most limit of a steep slope is inclined at less than the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25 ). TOP OF SLOPE: A point or line on the upper surface of a.natural slope or slope created through an excavation or cut where it changes to horizontal o~ meets the existing ground surface. The top of a slope may be a distinct topographic break in slope gradient or the point in which the upper most limit of. a steep . slope is inclined at less than the gradient of that steep slope for a horizontal distance of a minimum of twenty five feet (25 ): . . A. Top of Excavation or Cut: The upper surface point where the excavation meets the original ground surface. B. Top of Embankment: The upper surface point or line to which the side slope changes to horizontal or meets original ground surface. TOW TRUCK OPERATION/AUTO IMPOUNDMENT YARD: A facility that dispatches tow trucks for hire with associated automotive. storage area for impounded vehicles. TOWNHOUSES: See DWELLING, MUL H:FAMIL Y. TOXIC SUBSTANCE: Those materials listed and documented by the American Conference of Governmental Industrial Hygienists (ACGIH), ' TRADE OR VOCATIONAL SCHOOL: A school that provides post secondary education including industrial and technical processes and may include continuing education courses as an accessory use. This definition does not include arts and crafts schools/studios, or other higher education institutions such as colleges, universities, or professional schools. TRAILER, TRAVEL: See RECREATIONAL VEHICLE. TRANSIT CENTER: Any facility designed for accommodating large numbers of public transportation passengers to wait, board, and disembark at the intersection of multiple transit routes. Draft Best Available Science Regulation Amendments, July 13, 2004 240 I 10181 10182 10183 10184 10185 10186 10187 10188 10189 10190 10191 10192 10193 10194 10195 10196 10197 10198 10199 10200 10201 10202 10203 10204 10205 10206 10207 . 10208 10209 10210 10211 10212 10213 10214 10215 10216 10217 10218 10219 10220 10221 10222 10223 10224 10225 10226 10227 10228 10229 10230 10231 10232 10233 10234 10235 TRANSPORTATION MANAGEMENT PLAN: A plan developed by the occupant of a building or land use, or by the developer of a proposed project, designed to provide mechanisms for reducing the vehicle demand generated by an existing or proposed land use. TREE: Any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches (6 ) or greater, or a multi-stemmed'trunk system with a definitely formed crown. TREE CUTTING: The actual removal of the aboveground plant material of a tree through chemical, . manual or mechanical methods. TREE TRIMMING: The pruning of the tree in order to reduce the canopy of the tree provided that no more , than forty percent (40%) of the live crown shall be removed during any pruning. TRUCK TERMINALS: A building or area in which ,semitrailers, including tractor and/or trailer units and other trucks are parked, stored for seventy two (72) hours or less, and dispatched. This facility may include incidental servicing and washing facilities. ' (Ord. 2820,1-14-1974; Ord. 3366,10-15-1979; Ord. 3746, 9-19-1983; Ord. 4351,5-4-1992; Ord. 4517, 5- 8-1995; Ord. 4835, 3-27-2000; Ord. 4851, 8-7-2000; Amd. Ord. 4963, 5-13-2002) 4-11-210 DEFINITIONS U: UNAUTHORIZED RELEASE: Any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a hazardous material into the air, into groundwater, surface water, surface soils or subsurface soi,ls. Unauthorized release does not include: intentional withdrawals of hazardous materials for the purpose of legitimate sale, use or dispos~l; and discharges permitted under Federal, State or local law. UNAUTHORIZED RELEASE, UNDERGROUND STORAGE TANK: See RMC 4-5-120G . UNDERGROUND STORAGE FACILITY: See RMC 4-5-120G. UNDERWRITERS' LABORA 10RI ES: The Underwriters' Laboratories, Inc. UNIFORM BUILDING CODE: The adopted edition of the Uniform Building Code, published by the International Conference of Building Officials. UNIFORM BUILDING CODE STANDARDS: The adopted edition of the Uniform Building Code Standards, published by the International Conference of Building Officials. UNIQUE/OUTSTANDING #1 RATING: A rating assigned to wetlands in King County which have species that are listed as endangered or threatened, or the presence of critical or outstanding habitat for those species; wetlands having forty to sixty percent (40% to 60%) permanent open water in dispersed patches with two (2) or more vegetation classes; "Yetlands equal to or greater than ten (1.0) acres in size and having three (3) or more Wetland classes, one of which is open water; or the presence of plant associations of infrequent occurrence. URBAN: A Shoreline Master Program land use designation identifying an area for high intensity land uses. It is suitable for those areas presently subjected to extremely intensive land use pressures, as well as areas planned to accommodate future intensive urban expansion. . Draft Best Available Science Regulation Amendments, July 13, 2004 241 • • • 1 36 37 38 10239 10240 10241 10242 10243 10244 10245 10246 10247 10248 10249 10250 10251 10252 10253 10254 10255 10256 10257 10258 10259 10260 10261 10262 163 64 1 265 10266 10267 10268 10269 10270 10271 10272 10273 10274 10275 10276 10277 10278 10279 10280 10281 10282 10283 10284 10285 10286 10287 10288 1 9 I 9~ URBAN GROWTH AREAS: Areas deSignated by a city and county for urban development over the next twenty (20) years as required by the Growth Management Act beyond which urban growth should not occur. USE: A. Uses, Permitted: Land uses allowed outright within a zone. Uses accessory to permitted uses are treated in RMC 4-11-010 and 4-2-050. B. Uses, Prohibited: Any such use not specifically enumerated or interpreted as allowable in that district. See RMC 4-2-050. D. Uses, Unclassified: A use which does not appear in a list of permitted, conditional, or accessory uses, but which is interpreted by the Responsible Official, as similar to a listed permitted,conditional, or accessory use and not otherwise prohibited. See RMC 4-2-050 .. USED: The word "used" in the definition of "adult motion picture theater" herein describes a continuing course of conduct of exhibiting "specific sexual activities" and "specified anatomical areas" in a manner which appeals to a prurient interest. ,., UTILITIES: Utility lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, and telephone cable, and includes facilities for the generation of electricity. This definition does not include sewage wastewater treatment plants, wireless communication facilities, or solid waste disposal/recycling facilities. A. Utilities, Large: Large scale facilities with either major above-ground visual impacts, or serving a . regional need such as two hundred thirty (230) kv power transmission lines, natural gas transmission lines, and regional water storage tanks and reservoirs, regional water transmission lines or regional sewer collectors and interceptors. B. Utilities, Medium: Moderate scale facilities serving the City, including subregional switching stations (one hundred fifteen (115) kv and smaller), and municipal sewer, water, and storm water facilities not included in a Council-adopted utility system plan. C. Utilities, Small: Small scale facilities serving local areas within the City, including underground power lines,.water, sewer, and storm water facilities included within a Council-adopted utility system plan, fiber optic cable: 'pump stations arid hydrants, switching boxes, and other structures normally found in a street right-of-way to serve adjacent properties. UTILITY STANDARDS: For purposes of the aquifer protection regulations contained in RMC 4-3-050, Critical Area Regulations, standard design and construction practices adopted by the Renton Water Utility. . (Ord. 3719,4-11-1983; Ord. 3758,12-5-1983; Ord. 4007, 7-14-1986; Ord. 4346, 3-9-1992; Ord. 4577,1- 22-1996; Ord. 4716, 4-13~1998; Ord. 4851, 8-7-2000; Amd. Ord. 4963,5-13-2002) 4-11-220 DEFINITIONS V: VARIANCE: A grant of relief via departure from any provision of the requirements of this Title for a specific parcel, except use, without changing the Title regulations permanently or the underlying zoning of the parcel. The definition of variance does not include variations to provisions related to "use" including: size limits, units per structure, or densities. Draft Best Available Science Regulation Amendments, July 13, 2004 242 I 10292 10293 10294 10295 10296 10297 10298 10299 10300 10301 10302 10303 10304 10305 10306 10307 10308 10309 10310 10311 10312 10313 10314 10315 10316 10317 10318 10319 10320 10321 10322 10323 10324 10325 10326 10327 10328 10329 10330 10331 10332 10333 10334 10335 10336 10337 10338 10339 10340 10341 10342 .. 10343 10344 10345 ·10346 10347 10348 VEGETATION TYPES: Descriptive classes of the wetlands taxonomic classification system-of the United States Fish and Wildlife Service Classification of Wetlands and Deepwater Habitats of the U.S. FWS/OBS -79/31 (Cowardin, et aI., 1979). . VEHICLE: A. Vehicle, Large: Motor vehicles including, but not limited to, trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than ten thousand (1 O,OOO) pounds, but excluding aircraft. B. Vehicle, Small: Motor vehicles including, but not limited to, motorcycles, passenger cars, light trucks, vans, and similar size vehicles which have gross vehicle weights less than ten thousand (10,OOO) pounds. VEHICLE AND EQUIPMENT RENTAL, LARGE: Rental and incidental servicing of motor vehicles including but not limited to, trucks, recreational venicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than ten thousand (10,000) pounds, but excluding airplanes or aircraft. This use excludes small vehicle rentals, and large and·small v~hicle sales. . VEHICLE FUELING STATION: An establishment which supplies and dispenses motor fuels at retail as well as ordinary accessory uses, including but not limited to, retail sales of food, groceries, and auto accessories, and eating and drinking establishments~ . VEHICLE RENTAL, SMALL: Rental and:jncidental storage and servicing of motor vehicles including but not limited to motorcycles, passenger cars, watercraft, light trucks, vans, and similar size vehicles which have gross vehicle weights less than ten thousand (10,OOO)"pounds. This use excludes large vehicle . rentals, and large and small vehicle sales. . . VEHICLE SALE$, LARGE: Sales, leasing, and incidental servicing of motor vehicles including, but not' limited to, trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehiCle weights greater than ten thousand (10,OOO) pounds, but excluding airplanes or aircraft. This use excludes small vehicle sales, and large and small vehicle rentals. . ..' . VEHICLE SALES, SMALL: Sales, leasing and incidental servicing of motor vehicles including, but not limited to, motorcycles, passenger cars,watercraft,light trucks, vans, and similar size vehicles which have gross vehicle weights less than ten thousand (10,OOO) pounds. This use excludes large vehicle sales, and large and small vehicle rentals. VEHICLE SERVICE AND REPAIR: Maintenance of motorized vehicles including exchange of parts, installation of lubricants, tires, batteries; and similar vehicle accessories, minor customizing and detail operations, but e?,cluding operations assoCiated with body shops, ari~ industrial engine or transmission rebuild operations.· . VEHICL~ STORAGE: See STORAGE, VEHICLE. VETERINARY OFFICES/CLINICS: A place where common household pets are given medical care and the accessory indoor boarding of animals is limited to short-term care incidental to the hospital use . . . . VOLCANIC HAZARDS: Volcanic hazard areas are those areas subject to a potential for inundation from post lahar sedimentation along the lower Green River as identified in Plate II, Map D. in the report U.S. Department of the Interior, U.S, Geological Survey (Revised 1998). Volcano Hazards from Mount Rainier, Washington. Open-File Report 98-428. Draft Best Available Science Regulation Amendments, July 13, 2004 243 • • • 1349 50 51 10352 10353 10354 10355 10356 10357 10358 10359 10360 10361 10362 10363 10364 10365 10366 10367 10368 10369 10370 10371 10372 10373 10374 10375 1 6 1 7~ 10379 10380 10381 10382 10383 10384 10385 10386 10387 10388 10389 10390 10391 10392 10393 10394 10395 10396 10397 10398 10399 10400 10401 i40~ 04 (Ord. 4071, 6-1-1987; Ord. 4346, 3-9-1992; Ord. 4715, 4-6-1998; Amd. Ord. 4963,5-13-2002) 4-11-230 DEFINITIONS W: WAREHOUSING AND DISTRIBUTION: A use engaged in storage and distribution of manufactured products, supplies, and equipment. This use excludes hazardous material storage, indoor storage, outdoor storage, self-service storage, vehicle storage, and warehousing, storage, or distribution for commercial laundry operations within the City of Renton Urban Center. WASTE RECYCLING AND TRANSFER FACILITIES: Facilities for the collection of solid waste for either recycling or transfer to a landfill or disposal facility. This definition includes but is not limited to concrete and construction material recycling operations. WATER AUTHORITY: The City of Renton Water Utility, or any other municipal or quasi-municipal entity distributing water to fire hydrants within the City of Renton. WATERCOURSE: See RMC 4-6-100. Draft Best Available Science Regulation Amendments, July 13, 2004 244 I 10405 10406 10407 10408 10409 10410 10411 10412 10413 10414 10415 10416 10417 10418 10419 10420 10421 10422 10423 10424 10425 .10426 10427 10428 10429 10430 10431 10432 10433 10434 10435 10436 10437 10438 10439 10440 10441· 10442 10443 10444 10445 10446 10447 10448 10449 10450 10451 10452 10453 10454 10455 10456 10457 10458 10459 10460 WELL: A pit or hole dug into the earth to reach an aquifer. WELL FIELD: An area which contains one or more wells for obtaining a potable water supply. WETLAND: For the purposes of inventory, incentives, and nonregulatory programs, those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the landis covered by shallow water. For the purposes of regulation, wetlands are defined by Washington State Wetlands Identification and Delineation Manual pursuant to RMC 4-3-050M4a. Wetlands created or restored as part of a mitigation project are regulated wetlands. Wetlands do not include those artificial wetlands intentionally created for purposes other than wetland mitigation, including, but not limited to, irrigation and drainage ditches,grass-lined swales, canals, detention facilities, . wastewater treatment facilities, farm ponds, or landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Drainage ditches are·not considered regulated wetlands. Also refer to RMC 4-3-050B7. WETLAND BUFFERS or WETLAND BUFFER ZONES: Areas that surround and protect a wetland from adverse impaGts·to its functions and values. Buffers are deSignated areas adjacent to a regulated wetland which protect the wetland from changes in the location of the wetland edge. Wetland buffers minimize the short and long term impacts of development on properties adjacent to wetlands, preserve important. wildlife habitat, allow for infiltration and water quality improvement, protect buildings, roads and other infrastructure as well as property owners from flood dClmage in years of high precipitation. WETLAND CATEGORY: A classification system used for the purpose of regulating wetlands in the City . . The criteria for determining a wetland's category are listed in RMC 4-3-1101. WETLAND CREATION (OR ESTABLISHMENT): The manipulation of the physical, chemical, or biological characteristics present to develop a wetland that did not previously exist on· an upland or deepwater site. Establishment results in again in wetland acres.vIJETLAND CREATION: Actions performed to ... .. intentionally establish a wetland at a site where it did not formerly exist. WETLAND, DISTURBED: Wetlands meeting the following criteria: 1. Are characterized by.hydrologic isolation, hydrologic alterations such as diking, channelization, and/or outlet modification; and . . . 2. Have severe soils alterations such as the presence of large amounts of fill, soil removal and/or compaction of soils. WETLAND EDGE: The boundary of a wetland as delineated using the Washington State Wetlands Identification and Delineation Manual pursuant to RMC 4-3-050M4a. WETLAND, EMERGENT: A regulated wetland with at least thirty perce~t (30%) of the surface area covered by erect, rooted herbaceous vegetation as the uppermost veg'etative strata. WETLAND ENHANCEMENT: The manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site the heighten, intensify, or improve specific function(s) or for a purpose such as water quality improvement. flood water retention or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland function, but does not result in a gain in wetland acres. This term includes activities commonly associated with the terms enhancement, management. manipulation. directed alteration.AGtions performed to improve the ful::l€tien.iRg of an existing weUa~ase the. area-Gf-tHe wetiaHti-: Draft Best Available Science Regulation Amendments, July 13, 2004 245 • • • 161 62 63 10464 10465 10466 10467 10468 10469 10470 10471 10472 10473 10474 10475 10476 10477 10478 10479 10480 10481 10482 10483 10484 10485 10486 10487 ."~ 10490 10491 10492 10493 10494 10495 10496 10497 10498 10499 10500 10501 10502 10503 10504 10505 10506 10507 10508 10509 10510 10511 10512 10513 • 1 10516 WETLAND, FORESTED: A vegetation community with at least twenty percent (20%) of the surface area covered by woody vegetarian (trees) greater than twenty feet (20 ) in height. WETLAND, IN-KIND COMPENSATION: To replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. WETLAND, ISOLATED: Those regulated wetlands which: 1. Are outside of and not contiguous to anyone hundred (100) year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. WETLAND, OFF-SITE COMPENSATION: To replace wetlands away from the site on which a wetland has been impacted by a regulated activity. . WETLAND, ON-SITE COMPENSATION: To replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity .. WETLAND PROTECTION/MAINTENANCE: The removal of a threat to. or preventing decline of, wetland conditions be an action in of near a wetland. Includes purchase of land or easement, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term preservation. Protection/Maintenance does not result in a gain of wetland acres or function. WETLAND, REGULATED: See RMC 4-3-050M1a. WETLAND RESTORATION: The manipulation of the physical, chemical; or biological characteristics of a site with the goal of returning natural/historic functions to former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into: . Re-establishment: the manipulation of the physical, chemical, or biological characteristics of a site with the .goal of returning natural/historic functions to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres. Rehabilitation: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions of degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres. Actions performed to Fe establish wetland functional characteristics and processes thatha'lebeen lost by alterations, activities, or catastrophic events 'Nithin an area that no longer meets the definition of a wetland. WETLAND, SCRUB-SHRUB: A regulated wetland with at least thirty percent (30%) of its surface area covered by woody vegetation less than twenty feet (20 ) in height at the uppermost strata. WETLANDS: (This definition forRMC 4-3-090, Shoreline Master Program Regulations, use only.) Areas that are inundated or saturated by s·urface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands . WETLANDS, NEWLY EMERGING: Draft Best Available Science Regulation Amendments, July 13, 2004 246 10517 10518 10519 10520 10521 10522 10523 10524 10525 10526 10527 10528 10529 10530 10531 10532 10533 10534 10535 10536 10537 10538 10539 10540 10541 10542 10543 10544 10545 ·10546 10547 ·10548 10549 10550 10551 10552 10553 10554 10555 10556 10557 10558 10559 10560 10561 10562 10563 10564 10565 10566 10567 10568 10569 10570 10571 10572 1 . Wetlands occurring on top of fill materials; and . 2. Characterized by emergent vegetation, low plant species richness, and used minimally by wildlife. These wetland~ are generally, found in the Black River Drainage Basin. WILDLIFE HABITAT: An area characterized by wildlife that forage, nest, spawn, or migrate through in search of food or shelter. WIRELESS COMMUNICATION FACILITIES.,.. TERMS RELATED TO: A. Accessory Antenna Device: An antenna which is less then twelve inches (12 ) in height or width, excluding the support structure (examples: test mobile antennas and Global Positioning System (GPS) antennas). B. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Antennas include the following types: 1. Dish Antenna: see Parabolic Antenna. . 2. Omni-Directional Antenna (also known as a "Whip" Antenna): transmits and receives radio frequency signals in a three hundred sixty degree (360) radial pattern, and which is up to sixteen feet (16) in height and up to four inches (4 ) in diameter. ' 3. Directional Antenna (also known as a "Panel" Antenna): transmits and receives radio freque~cy signals in a specific directional pattern of less than three hundred sixty degrees (360 ). 4. Panel Antenna: see Directional Antenna .. 5. Parabolic Antenna (also known as a "Dish" Antenna):' is a bowl-shaped device for the reception and/or transmission radio frequency communications signals in a specific directional pattern. 6. Whip Antenna: see Omni-Directional Antenna. C. Attached Wireless Communication Facility: A wireless communication facility that is affixed to an existing structure, for example, an existing building, tower, water tank, utility pole, etc., which does not include an additional wireless communication support structure. D. Collocation: The use of a single support structure and/or site by more than one wireless . communications provider. . E. Equipment Shelter or Cabinet: A room, cabinet or building used to house equipment for utility or service providers. F. FAA: The Federal Aviation Administration, which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths. G. FCC: The Federal Communication Commission, which regulates the licenSing and practice of wireless, wireline, television, radio and other telecommunications entities. . H. Guyed Tower: A freestanding or supported wireless communication support structure which is usually over one hundred feet (100 ) tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. I. Lattice Tower: A self-supporting wireless communication'support structure which consists of metal crossed strips or bars to support antennas and related equipment. Draft Best Available Science Regulation Amendments, July 13, 2004 247 • • • t 73 74 575 10576 10577 10578 10579 10580 10581 10582 10583 10584 10585 10586 10587 10588 10589 ·10590 10591 10592 10593 10594 10595 10596 10597 10598 10599 • 00 01 10602 10603 10604 10605 10606 10607 10608 10609 10610 10611 10612 10613 10614 10615 10616 10617 10618 10619 10620 10621 10622 10623 10624 10625 I ~ 28 10629 J. Macro Facility: An attached wireless communication facility which consists of antennas equal to or less than sixteen feet (16 ) in height or a parabolic antenQa up to one meter (39.37 ) in diameter and with an area not more than one hundred (100) square feet in the aggregate as viewed from anyone point. K. Micro Facility: An attached wireless communication facility which consists of antennas equal to or less than six feet (6 ) in height or a parabOlic antenna with an area of not more than five hundred eighty (580) square inches in the aggregate (e.g., one foot (1 ) diameter parabola or two feet (2 ) x one and one-half feet (1-1/2) panel) as viewed from anyone point. Also known as a Microcell. L. Mini Facility: An attached wireless communication facility which consists of antennas equal to or less than ten feet (10 ) in height or a parabolic antenna up to one meter (39.37 ) in diameter and with an area not more than fifty (50) square feet in the aggregate as viewed from anyone point. M. Monopole I: A wireless communication support structure which consists of a freestanding support structure, less than sixty feet (60 ) in height, erected to support wireless communication antennas and connecting appurtenances. N. Monopole II: A wireless communication support structure which consists of a freestanding support structure, sixty feet (60 ) or greater in height, erected to support wireless communication antennas and connecting appurtenances. O. Provider: A company providing telephone or other communications service. P. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. Q. Support Structure: see Wireless Communication Support Structure. R. Tower: see Wirel~ss Communication Support Structure. S. WCF: see Wireless Communication Facility (WCF). T. Wireless Communication Facility (WCF): An unstaffed facility for the transmission and reception of low- power radio signals usually consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment, generally contained within a compound. For purposes of this Title, a WCF includes antennas, support structures and equipment shelters, whether separately or in combination. U. Wireless Communication Support Structure: The structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, . stanchions, monopoles, lattice towers, wood poles or guyed towers. WRECKING YARD, AUTO: A facility for the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. (Ord. 3758,12-5-1983; Ord. 4007,7-14-1986; Ord. 4346, 3-9-1992; Ord. 4351,5-4-1992; Ord. 4689,11- 24-1997; Ord. 4716, 4-13-1998; Ord. 4835, 3-27-2000; Ord. 4851,8-7-2000; Amd. Ord. 4963,5-13-2002) 4-11-240 DEFINITIONS X: (Reserved) 4-11-250 DEFINITIONS Y: YARD: An open space between a building and a lot line. YARD REQUIREMENT: An open space on a lot unoccupied by structures, unless specifically authorized otherwise. The required yard depth is measured perpendicularly from a lot line to the outer wall of the structure. In the case where a structure does not have an outer wall, such as a carport, the measurement Draft Best Available Science Regulation Amendments, July 13, 2004 248 I 10630 10631 10632 10633 10634 10635 10636 10637 ' 10638 10639 10640 10641 10642 10643 10644 10645 10646 10647 10648 10649 10650 10651 10652 10653 '10654 10655 10656 10657 ,10658 10659 10660 10661 10662 10663 '10664 10665 10666 10667 shall be to the posts of such structure, unless otherwise de~ermined by the Development Services Division. The Development Services Division shall determine the various requirements for uniquely . shaped lots and pipestem lots. '}' A. Front Yard: The yard requirement which separates the structure(s) from public right-of~way. For through lots, corner lots, and lots without street frontage; the front yard will be determined by the DevelopmentServices Division Director. , , , , B. Side Yard along a Street: The yard requirement which is neither a front yard nora rear yard, yet it abuts a street right-of-way. C. Rear Yard: The yard requirement opposite the front yard. Where a lot abuts an alley, the.rear yard shall always be the yard abutting the alley. For irregularly shaped lots, the rear yard shall be measured from an imaginary line at least fifteen feet (15 ) in length located entirely within the lot and farthest removed and parallel to the front lot line or'its tangent. . D. Side Yard: The yard requirement which is not a front yard, a side yard along a street, or a rear yard. (Amd. Ord. 4963,5-13-2002; Ord. 4999,1-13-2003) 4-11-260 DEFINITIONS Z: ' -ZERO,L:OT LINE: A siting technique which allows single family houses to be built along one lot line . ./' ' ZIP4R LOTS: A division of property using smaller lots with offset rear lot lines to allow a usable rear yard. ~, ' , " ' ZONE: A portion of the City towhich a uniform set.of regulations applies controlling the types and intensities of land uses. ZONING ADMINISTRATOR: The Planning/Building/Public Works Administrator or his/her designated, representative. , ' , ZONING, AREAWIDE: Zoning adopted for all properties within a district consistent with the Comprehensive Plan, rather than on a lot-by-Iot basis. (Ord. 4523, 6-5-1995; Ord. 4549, 8-21-1995; Ord. 4584, 2-12-1996; Ord. 4587, 3-1'8-1996; Ord. 4595, 4- 8-1996; Ord. 4773, 3~22-1999; Amd. Ord. 4963,5-13';'2002) Draft Best Available Science Regulation Amendments, July 13, 2004 249 • •• • ST ATE OF 'V ASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter -referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Public Notice was published on Friday, 2/18/05 The full amount of the fee charged for said foregoing publication is the sum of $82.00 at the rate of $16.00 per inch for the first publication and N/A per inch for each.subsequent insertion. Lily Ngu Legal Advertising Representative, King County Journal ~ '" 'worn to me thi, 18th d,y ofFebrWU)'. 2005. \\ \ \ \\ \1111/ /JIIII ~,,\\ W',EAG III//. ~ ~ .......... Ij~.t't~ ~ ~ •• ··~9\On El(;·.· •• ·r ~ ..::: 0 •. -~'\ '1'6 '\ ':- 2J....i! r.,RY"'\ ~ Tom A. Meagher == : CJ ~r::;-r.. _ i z ~ Notary Public for the State of Washington, Residing in Redmond, WashjJgto~ _e ,<::,. ; 0 :: -• pue\..:' : J.... ::: Ad Number: 858359 P.O. Number: -:::. (j)~'" r::.".' 0 ~ ""'" ().,~, Cost of publishing this notice includes an affidavit surcharge. % .., ;.: .. ~~;.'!;:.~ •• ~-?-" .j' 1//1 S' OF W ~c;, ,\'~ II/ \\\ III/ 1/ 11111 \\ \\\ NOTICE OF PUBLIC HEARING CITY OF RENTON BEST' AVAILABLE SCIENCE cRiTICAL AREAS REGULATIONS AND SHORELINE MASTER PROGRAM GMA INTEGRATION, FEATURING NEW STREAM, RIVER, AND. LAKE REGULATIONS (LUA-04-084) Notice is hereby given that the Renton Planning Commission will hold a Public Hearing Wednesday, March 2, 2005, 6:00 PM. at the Renton City Hall, City Council Chambers, 1055 S. Grady Way, 7th Floor, Renton, WA. The purpose of the praposal is to meet .the Growth Management Act, Shoreline Management Act, and City Comprehensive Plan goals for critical area protection in the City of Renton context. The proposal includes: Renton Comprehensive Plan policy amendments; Shoreline Master Program policy, map, and regul~tion amendments; and Title IV ,code amendments including amendinents that address streamslriversllakes as well as refinements to other critic8I area sections, variance and permit procedures, and other interrelated codes. All interested parties are invited to the Hearing to express their opinion. Written comments may also be sub- mitted prior to the Public Hearing at the above address. Nancy G. Osborn, Secretary Renton Planning Commission Published in the King County Journal February 18,2005. #858359 J:~. & \---= STATE OF WASHINGTON, COUNTY OF KING } AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The noti~e in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below 'stated period. The annexed notice, a Public Notice was published on Friday, 11/5/04 The full amount of the fee charged for said foregoing publication is the sum of $56.38 at the rate of $15.50 per inch for the first publication and NIA per inch foveoch-S~ertion. Lily NgyYen Legal Advertising Representative, King County Journal Subscribed and sworn to me this 5th day of November, 2004. \\ \ \ 1\ \ 1111 l/fllil \\\\\\ ~EAG .II///. ~ ?-. ~;." .•• !-to$: ~ ~' ~ , •• ~·~~\on Ex~· ... ~ ~ ~ ... ....... 0 .'~' I,. • ", Tom A. Meagher f J.... /l-' '\ Jl.,R Y "'", \ %. Notary Public for the State of Washington, Residing in Redmond, ~shiqgto~': e -i z :: Ad Number: 847421 P.O. Number: ~ \. PUS\. . .'\; j E § Cost of publishing this notice includes an affidavit surcharge. ~ tl). ... ",,,,"'/ c, ~ 'l '1).. •••• ~A.y 2,~"" ~ $' 'l 't: ......... ~" " ~//II 0 F W f>. CO \\\\\'Y- 1111111/11\\1\\\\ NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A public hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on November 16, 2004, at 9:00 a.m., to consider the following petition: APPEAL Renton Environmental Review Committee's Determination of Non·significance for the: "City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations," File LUA04-084, ECF. All interested persons are invited to be present at the Public Hearing. Questions should be directed to the Hearing Examiner at (425) 430-6515. Published in the King County Journal November 5, 2004. #847421 • •• STATE OF WASHINGTON, COUNTY OF KING } AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and ha.s been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Public Notice was published on Friday, 1115/04 The full amount of the fee charged for said foregoing publication is the sum of $56.38 at the rate of $15.50 per inch for the first publication and N/A per inch fOI:-each subse~uent insertion. ~ ~. LilyNgu~n Legal Advertising Representative, King County Journal Subscribed and sworn to me this 5th day of November, 2004. \\\\\1111 I liI/J/II' ~~ ,,\\\\ \>JIEAG.J.y IIIII/. • ~ ~ ~-.. ~··"" .. ·.f:~ ~ _~ ~~"·c:.,onE~IJI··' ~ --ooL-...::....;...:;...,"'"6''---==-~,--------~ 0'" .... $",t; .l"6).ro -', -::::. Tom A. Meagher ~ '-/0<: \:)\ r:-,RY \ ~ Notary Public for the State of Washington, Residing in Redmond, WiiShinirtb~ @--:OZ== -I" __ ~.- Ad Number: 847421 P.O. Number: ~ \ PU'?>\..\ .I '-2 Cost of publishing this notice includes an affidavit surcharge. ~ <.Jl ..... \. 'l-(l'::" ~0 ~ 'l .-<f '. MAY 2. , ••• .;:.:. ~ 'l '1'1:: ........... s ~. " //1111 0 F \f'J P' \\\\" 1111/1/1111\1\\\\\ . NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A public hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on November 16, 2004, at 9:00 a.m., to consider the following petition: APPEAL Renton Environmental Review Committee's Determination of Non-significance for the: "City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations," File LUA04-084, ECF. All interested persons are invited to be' present at the Public Hearing. Questions should be directed to the Hearing Examiner at (425) 430-6515. Published in the King County Journal November 5, 2004. #847421 '. - • OFFICE OF THE HEARING EXAMINER CITY OF RENTON December ) 6, 2004 REPORT AND DECISION APPELLANTS: PUBLIC HEARING: James C. Hanken 999 Third Avenue, Suite 3210 Seattle, WA 98104 Representing: J. H. Baxter & Co. A California Limited Partnership Traci Shallbetter Davis Wright Tremaine, LLP 2600 Century Square 1501Fourth Avenue Seattle, WA 98101 Representing: Barbee Forest Products, Inc., Barbee Mill Co., Inc. and Altino Properties Appeal of Determination of Non-Significance for City of Renton Best Available Science Critical Area Regulations And Shoreline Master Program GMA Integration. File No.: LUA 04-084, ECF After reviewing the Appellants' written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the November 16, 2004 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, November 16,2004, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Parties present: Zan etta Fontes, Assistant City Attorney James C. Hanken 999 Third Avenue, Suite 3210 Seattle, W A 98104 Traci Shall better Davis Wright Tremaine, LLP 2600 Century Square 1501Fourth Avenue Seattle, W A 98101 I Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 2 The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original lication, various re orts, and letter of ap eal. • Exhibit No.2: Map of the area with four parcels Traci Shall better stated that on the behalf of Barbee they were asking that the Examiner hold that the City erred in issuing a DNS for its Critical Area Ordinance and Shoreline Master Program amendments. They are asking that the Examiner require the City to actually and adequately consider the probable significant impacts of these CAO amendments on the environment through an EIS. SEPA requires that the City actually consider likely impacts of the amendments. The City in an effort to comply with the growth management act requirements to update its critical area regulation based on the best available science has proposed these amendments. Among other things these amendments significantly increase the buffers around critical areas which include wetlands, geologically hazardous areas, aquatic areas, and the shoreline of Lake Washington. The City has concluded that because these regulations are designed to increase the protection of the environment, increase the protection of critical areas, they are not going to have a significant impact on the environment and it appears that the City has done its SEPA threshold determination with that lens on. SEPA requires actual consideration ofthe impacts, and a proposal does not justify a DNS merely because it is designed to protect or improve the environment. She cited a few cases in support of this fact. The City concluded that the CAO amendments around critical areas are not going to have impacts despite the fact that Class I streams and waters, including May Creek and Lake Washington, and constitute approximately 18 miles of Class 1 waters in the City, are going to be increased in buffers from 25 feet to 100 feet. The City quadruples the size of buffers, it quadruples the "no build zone", and this is just on Class I waters. Using this formula, the City is rendering nearly 19 million square feet of land that is unbuildable. This will have a potential impact on the environment. The City says no, no potential impact on environment, and it gives two reasons, first the reduction of buildable land is not going to have an adverse impact because the City's 2002 buildable lands analysis says the City has plenty of room for development. That 2002 buildable lands analysis did not consider streams and buffers. The buffers do not need to be taken into account because when the density is calculated on a piece of property, that density is calculated as if the buffers were developable. The result of that is to require the same density of development on a far smaller piece ofland, the impacts of putting more development on a smaller piece ofland has not been evaluated. Is there a point when development becomes too dense for a given area, or where increasing the number of units on a given piece of land becomes such that it has adverse impact on the environment. An example of this is the Barbee plat along Lake Washington, they have proposed 115 units on approximately 22 acres, whereas in the City around 5 dwelling units per acre is an allowable density. If the 100- foot buffers along May Creek and Lake Washington are used, there is only about 16 acres that are developable. Now the 115 units are going to be on 16 acres, for the market and certainly for the environment that is not feasible. The City has made the assumption, but one that is not allowed under SEPA, that because the CAO amendments are designed for the good, they have not looked at all of the consequences of this action. It is being requested that the examiner reverse the DNS, require the City to address in an EIS questions such as where will the development be allocated, how much development is not going to be able to be constructed on existing parcels, what will be the impact of increasing densities and allowing building on much smaller buildable areas. James Hanken, 999 Third A venue Ste., 3210, Seattle, W A 98104 stated that J. H. Baxter had been involved with the City of Renton for a long time. They are located on the May Creek Delta and operate a wood-treating plant since the early 1950's. Adjacent to that was the Riley Car and Chemical Company, and south of that Barbee Mill operated a sawmill. These properties have been industrial properties on Lake Washington since 1917. Lots Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 3 • of Lake Washington waterfront property in the City of Renton has been used for industrial purposes, the Boeing plant is the most prominent nationally. Chemical hazards were released into the environment, they did not respect the 100-foot line and those contaminations exist within 100 feet of Lake Washington. These p.oblems exist within the 100-foot line. To create a non-buildable setback within that 100-foot line adversely impacts the environment, it creates another layer of obstacles to overcome. Because of this and the failure to consider this, there is no ability to sell this site, they have been working at this for years. Every time they get close there is another hurtle to overcome. If you create a barrier from a development, the ability to do that, the environment itself will suffer. That is an environmental impact. It is caused by economics, in order to remediate, money must be spent, but the environment is the process that is impacted. The Examiner questioned the process of not disturbing the 100 feet of Lake Washington have an effect on the rest of the use of the property. Mr. Hanken stated that it was not the use of the property, but rather the ability to clean up the 100 feet. Zan etta Fontes, Assistant City Attorney, stated that Baxter has indicated that the thrust of his argument is that the SEPA appeal is based upon the fact that they won't be able to generate enough money on this parcel to clean it up. That is not the way that SEPA operates, there is an existing situation on the Baxter property, they have contaminated the property, they used creosote that got into the land and now they have to clean it up and remediate. It is not this non-action project that has put the creosote on the property that pre-exists this non- action project. The question is, is this non-action project either going to add more creosote or somehow unearth the creosote to make it a problem or do something with the contamination on that site. Because what is articulated as the basis of the appeal that really is an economic question and not a SEPA issue. It appears that they lack standing. As it relates to Barbee there is a potential impact and until an appellant can show actual impact and that they are actually impacted they lack standing. In that respect she asked the Hearing Examiner to dismiss this appeal for lack of standing on both parties. Mr. Hanken stated that the given environmental condition today for much of the property on the industrial sites along Lake Washington and the Cedar River has contamination. The real issue is, does this process create a concrete preservation of that environmental negative condition that is contaminated property, does it fix the contamination in that property so that it cannot be remediated. That is the effect of this 100-foot setback, the disincentive to remediate. The most common remediation mechanism for contaminated properties is something called containment and containment is a process by which the contamination which because of its depth and extent and cost to otherwise remove is held in place in a manner in which prevents its migration. That containment process is done through various mechanisms, basically building walls around all sides and the top. Therefore, no action is an environmental impact, it prevents the normal ability to cap. Ms. Fontes stated that she was unfamiliar with any law that stands for the proposition that SEPA can be used to make the City a guarantor that a property owner can remediate their land. SEPA is not a tool used to determine that a non-action would have negative environmental consequences, therefore, the City must act. The Examiner stated that there is a problem out there, it seems that at this point it does not matter who created the problem. The standing argument mayor may not be appropriate, but if property is owned other than contaminated property and property that would be affected by the City's regulations, they probably do have standing to be here. Ms. Fontes stated that the problem was that first of all there is no evidence that they own property that is going to be affected, and to be an aggrieved person, they must show that they are going to be impacted. They then have the burden of showing that it is going to be a negative impact on the environment. Sunset Bluff SEPA Appeal • File No.: LUA-04-002, ECF, PP December 16,2004 Page 4 • Rex Allen, PO Box 448, Bothell, W A 98041 stated that he is an architect, project manager, and consultant. He has worked on the Southport project on Lake Washington. That property was contaminated, which was basically removed. Containment allows a person to leave contaminants in place that would be prohibitive to move. An impermeable barrier is placed around and over the material. This is a permitted remediation by the Department of Ecology. Often times the area that is being contained, a cap of some sort is used to provide a barrier between the useable areas and the contamination. The type of work was done in the Juanita Park area adjacent to Lake Washington on a stream that runs into Lake Washington. The Examiner requested a description of where the three properties are located along Lake Washington and Mr. Hanken, with the use of a map, explained their locations. Upon further questioning by Mr. Hanken, Mr. Allen responded that he was familiar with the locations of contaminations in the sites which J. H. Baxter is a partial owner. Those contaminations are within the 100-foot line of Lake Washington. The best use of technology would be to utilize the cap as part of either a structure or a parking lot, some other impervious use that would double up something that is going to be done with the property in any case. It also provides the barrier that forms the cap. If that type of use were not available, it would be much less feasible to develop that piece of property. The Department of Ecology will require that the property be cleaned in its entirety, the remedy is either removal or capping over the entire site not just behind the 100-foot line. There is a proposal at this point to cap the bottom of Lake Washington out to a certain point. The Examiner stated that economics is not the topic here, that is the applicant's separate concern. Economics is not one of the elements required under SEPA. It seems this has gone far afield, the site has been under various orders and the fact is cleaning it up or not cleaning it up is the applicant/owner's responsibility. The economics of the property is not under SEPA. Mr. Hanken continued asking questions of Mr. Allen. The mechanism for redevelopment on the Quendal Terminal site would require capping inside the 100-foot line. The site can be remediated without dealing with the 100-feet, however, the site would still remain contaminated. The entire site will need to be cleaned up. The 100-foot buffer creates another impediment to getting it cleaned up. It makes it more likely that the contamination will remain. The buffer removes buildable area from the site, and reduces the likelihood that a project can go forward which would provide a mechanism for the remediation to take place. Upon questioning by Ms. Fontes, Mr. Allen responded that he had reviewed an early draft version of the City's proposed upgrade, the ordinance that is on appeal today. He has not seen the version that has been given a DNS. His opinions given here today are from the review of the ordinance and his previous experience at a similar site. He was not aware that the ordinance would allow dredging and landfill in the buffer to accomplish remedial action plans. He was aware that the ordinance allows for smaller setbacks and for buffer averaging in some instances. The Southport property was purchased from Puget Sound Energy. The property was not cleaned up in its entirety by Puget Sound Energy, Southport did have to do some ofthe clean up after the purchase. He has done no work on the property south of the Quendal Terminal site, parcel #9034, Barbee Mill site, but is familiar with some of the limitations ofthat site. That site will face some challenges but it can be developed. There are still some industrial activities taking place on parcel #9002. Puget Sound Energy primarily used removal on the Southport property as a remediation measure. Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 5 • Ms. Fontes renewed the motion to dismiss, in particular Baxter, this is an economic consideration, and that is not an appropriate consideration. Baxter has failed to prove standing. The Examiner stated that at this point he was not willing to dismiss a party from the case. When he writes his decision he will determine whether or not they have standing or if they have met their appropriate SEPA appeal burden. Ms. Shall better stated that the concern is that the environmental effects within the City of Renton as a property owner and a resident of Renton they are entitled to a healthful environment. Concentrating more d~nsity in less land is going to make for a less healthful environment. Ms. Fontes cited a previous case and asked that the Examiner consider the following, where a two-part test was applied to determine whether an entity or person was standing a challenge to SEPA determination. What a person is seeking to protect must be within the zone on interests to be protected or regulated by the statutes for constitution guarantees in question and that person must allege an injury in fact that they will be specifically harmed by the proposed action. Ms. Fontes stated that she was contemplating not putting on any evidence. She has not had an opportunity to review council's memoranda at the beginning of this hearing. She asked for a break in order to read them and know whether or not she needs to put forth any evidence. A 35-minute break was taken. Ms. Fontes stated that the recess was productive, the City will not be calling any witnesses, but she would ask for an early lunch so that she could prepare her remarks for oral argument. After much discussion it was determined that the closing statements would be written and submitted on the following schedule: Friday, November 19 Ms. Fontes will submit her written brief. Tuesday, November 23 Ms. Shallbetter and Mr. Hanken will submit their closing responses. It was agreed that all materials may be e-mailed to the parties. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 11 :09 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The City received two appeals of its Determination of Non-significance for the City of Renton's Best Available Science Critical Area Regulations and Shoreline Master Program GMA Integration. The two separate appellants in themselves represent a number of associated parties. One appellant represents Barbee Forest Products, Inc; Barbee Mill Company, Inc. and Altino Properties. The second appellant is J. H. Baxter & Company Limited Partnership. The first appellant will be referred to herein as Barbee Sunset Bluff SEPA Appeal • • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 6 while the second appellant will be referred to herein as Baxter. The appeals were filed in a timely manner. 2. The City is in the process of updating its Critical Area Regulations and Shoreline Master Program to comply with the Growth Management Act. The provisions within those regulations that the appellants have taken special issue with are those increasing the buffers around Class I waters. In that area the regulations have expanded the buffer width from the current 25 feet to 100 feet. In its environmental review the City issued a Notice of Proposed Determination of Non-significance (DNS) for those regulations on July 19,2004. 3. Both appellants objected to the City's determination. Both appeals allege similar errors and both contained the exact same language in one particular: "The City appears to have presumed that since its proposed revisions have the goal of enhancing environmental quality and preserving wetlands and critical areas, the revisions do not warrant full environmental review." Both went on to quote a portion of the WAC. Baxter than goes on to "join with and adopts Barbee & Altino Properties' appeal filed contemporaneously." 4. Barbee noted nine objections, which can be summarized in part as: 1. The environmental analysis is inadequate since it did not identify and explain the economic and socio-economic impacts of development. 2. Inadequate analysis of the impacts on existing land and shoreline uses including pllpulation allocations. 3. Inadequate analysis of the impacts on private use and enjoyment. 4. Inadequate analysis of the natural and built environment associated with concentrating densities elsewhere. 5. Inadequate analysis of the "reasonable use exceptions" baseline limitations. 6. The updates appear likely to have "more than a moderate effect on the quality of the environment. 7. The updates are unconstitutional as they impose burdens on a few private landowners for the public benefit. 8. SEPA requires unquantified environmental amenities and values be given appropriate consideration which the City's analysis fails to do. 9. The City failed to consider the cumulative impacts of the updates including marginal impacts thatmight amount to a greater overall impact. 5. The gist of the appeals is that the City proposes changing the buffer area that protects Clas3 I waters from an existing setback of 25 feet to a setback of 100 feet. This, the parties maintain, will diminish the amount of property that can be developed by them and other similarly situated shoreline owners. The effect of this diminishment is that in order to support a certain population goal, additional density will be necessary on other properties elsewhere in the City or increased density on the remaining portions of the appellants' properties not affected by the buffer limitations. Sunset BluffSEPA Appeal • • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 7 6. The Baxter appellants own approximately 20 acres of Lake Washington waterfront property that is heavily contaminated. Baxter claims that their contaminated properties, and by extension, other similarly contaminated properties cannot be cleaned up, decontaminated if you will, until economically viable redevelopment plans are put forth. These plans are necessary to create the economic wherewithal to fund such cleanup. The claim is that some or much remediation occurs as caps. If this can occur within 100 feet of the shoreline, contaminated areas within that 100 feet, or 75 feet outward from the existing 25 foot buffer, could be utilized for development of paved parking or building foot prints that now would be foreclosed and left contaminated. 7. Barbee noted that it calculated that there were approximately 18 miles of Class 1 waters in the City. They then figured those shorelines have two banks, calculated that the amount of land that would now be limited would be twice that mUltiplied by the additional buffer width arriving at a figure of between 9.5 million and 19 million square feet of property. These calculations make no allowance for Lake Washington's having what amounts to only one shoreline and not a double shoreline as a river or creek would have. Nor does it factor in that some ofthe property might have been encumbered by wetlands or very steep slopes. It also does not appear to factor in any of the property along those shorelines that might already be developed and therefore, excluded such as most of downtown RentoIJ along the Cedar River, the Maple Valley Highway along that same river, development already lining May Creek, the Boeing complex along Lake Washington, industrial and office development along Springbrook Creek and any ofthe numerous parks along some of those Class I waters. In other words, the figures are hard to quantify for this issue. 8. The Barbee appellants own property along Lake Washington and May Creek that could be encumbered by the proposed regulations. 9. The City noted that there are variances or modifications allowed from the standards that allow increased densities on remaining areas ofthe property and that the buffers are not necessarily subtracted from formulas that calculate the density of various properties. The City also noted dredging and cleanup are also permitted in the buffer areas. None of these particulars were very much described at the hearing or in submittals. That is a socio-economic argument. 10. W AC-I97-11-448 excludes socio-economic issues: WAC 197-11-448 Relationship of EIS to other considerations. (I) SEPA contemplates that the general welfare, social, economic; and other requirements and essential considerations of state policy will be taken into account in weighing and balancing alternatives and in making final decisions. However, the environmental impact statement is not required to evaluate and document all of the possible effects and considerations of a decision or to contain the balancing judgments that must ultimately be made by the decision makers. Rather, an environmental impact statement analyzes environmental impacts and must be used by agency decision makers, along with other relevant considerations or documents, in making final decisions on a proposal. The EIS provides a basis upon which the responsible agency and officials can make the balancingjudgment mandated by SEPA, because it provides information on the environmental costs and impacts. SEPA does not require that an EIS be an agency's only decision making document .. (2) The term "socioeconomic" is not used in the statute or in these rules because the term does I Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 8 not have a uniform meaning and has caused a great deal of uncertainty. Areas of urban environmental concern which must be considered are specified in RCW 43.2 IC.I 10 (I)(t), the environmental checklist (WAC 197-I I -960) and 197-I I -440 and 197-I 1-444. (3) Examples of information that are not required to be discussed in an EIS are: Methods of financing proposals, economic competition, profits and personal income and wages, and social policy analysis (such as fiscal and welfare policies and non-construction aspects of education and communications). EISs may include whether housing is low, middle, or high income. "The purpose of restricting the definition of environment, and hence mandatory EIS coverage, through the listed elements of the environment, was to limit compulsory inclusion of so-called socio-economic impacts." RICHARD L. SETTLE, THE WASHINGTON STATE ENVIRONMENTAL POLlCY ACT § 14.0 1[2] (14 ed. 2002). CONCLUSIONS: I. The decision of the governmental agency acting as the responsible official is entitled to substantial weight. Therefore, the determination of the Environmental Review Committee (ERC), the city's responsible official, is entitled to be maintained unless the appellant clearly demonstrates that the determination was in error. 2. The Determination of Non-Significance in this case is entitled to substantial weight and will not be reversed or modified unless it can be found that the decision is "clearly erroneous." (Hayden v. Port Townsend, 93 Wn 2nd 870, 880; 1980). The court in citing Norway Hill Preservation and Protection Association v. King County Council, 87 Wn 2d 267, 274; 1976, stated: "A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." 3. Therefore, the determination of the ERC will not be modified or reversed if it can meet the above test. For reasons enumerated below, the decision of the ERC is affirmed. The clearly erroneous test has generally been applied when an action results in aONS since the test is less demanding on the appellant. The reason is that SEPA requires a thorough examination ofthe environmental consequences of an action. The courts have, therefore, made it easier to reverse a DNS. A second test, the "arbitrary and capricious" test is generally applied when a determination of significance (OS) is issued. In this second test an appellant would have to show that the decision clearly flies in the face of reason since a OS is more protective of the environment since it results in the preparation of a full disclosure document, an Environmental Impact Statement. 4. An action is determined to have a significant adverse impact on the quality ofthe environment if more than a moderate impact on the quality of the environment is a reasonable probability. (Norway, at 278). Since the Court spoke in Norway, WAC 197-I I -794 has been adopted, it defines "significant" as follows: Significant. (1) "Significant" as used in SEPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality. (2) Significance involves context and intensity .. .Intensity depends on tlie magnitude and duration of an impact.. .. The severity of the impact should be Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 • Page 9 weighed along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it occurred. 5. Also redefined since the Norway decision was the term "probable." Probable. "Probable" means likely or reasonably likely to occur, ... Probable is used to distinguish likely impacts from those that merely have a possibility of occurring, but are remote or speculative. (WAC 197-11-782). 6. First, the City challenges the standing of both parties in this action. The City claims that neither appellant can show any actual harm. This office is of the belief that the two appellants have standing in this matter. In a change as substantial as increasing the waterside buffers along May Creek and Lake Washington and other Class 1 waters, the general citizenry may have standing to argue on behalf of or opposition to such changes. Ifthe public did not have any standing then substantial changes could be implemented in the City's land use action and be immune from environmental challenge. That seems contrary to the stated aims of the SEPA Statute. But that is not even the issue here. Here we have parties who own substantial acreage that would be affected by the proposed buffer changes. Those with property rights abutting those very shorelines have a more immediate need to be able to challenge an environmental determination that will affect the way they may use their property. Ignoring for the moment the environmental impacts of locating uses closer to the water's edge or further frum that edge, the desirability ofthe final product could be affected by the distance a use is from the water's edge. Many people would prefer being intimately associated with the water and increasing the buffer could affect that. The appellants could be adversely affected by the increase in the buffers. Their property could be diminished in economic value (although that is not a determination that can or will be made in this decision). The appellants have standing to challenge the City's determination in this matter. 7. The appellants urge the Examiner to find that the City has the burden of demonstrating that it complied with the SEPA requirements. The burden though is on the appellants to show sufficient facts that shift the burden to the City. The appellants did not provide much in the way offacts that could be used to reverse the City's determination. 8. The Barbee appellant argues almost strictly as a matter of law that the reduction in developable land and the increased density necessary to counter the reduction has a significant impact on the quality of the environment and, therefore, requires the preparation of an environmental impact statement. The only factual matter actually presented is that Barbee owns land that will be affected. Their attorney herself introduced information on how many square feet of land would be affected by the buffer change. Those numbers ranged from approximately 9 million square feet to 19 million square feet. That is a fairly wide range. Barbee noted that their figures err on the conservative side. How is one to determine that from the information submitted? There was no comparison to how much other land in the City would still be suitable for development. The absolute number standing alone is not very compelling. In addition, the City countered that while the land might be limited by the buffer restrictions, exceptions might be available, density could be shifted and other options were provided by the new regulations. There is nothing in the record to substantiate the numbers. As noted above, those numbers may not reflect the current uses on some portions of the area that would now be limited. The value of the data is questionable in the way it was presented and the numbers themselves do not necessarily amount to demonstrating the substantial impacts needed to require an EIS' preparation. The numbers are bandied about but little factual basis was given other than some basic formulas. The appellant also alleges the impacts on density elsewhere in the City will be significant and need full environmental analysis. There Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 10 • is nothing in the record that even attempts to demonstrate this argument. It is merely asserted and its significance is implied by the argument but left undocumented. 9. The Baxter appellant alleges that the enlarged buffer makes it more difficult for it to find a suitable buyer who has the financial wherewithal to clean up the contaminated site. They conclude that this inability to sell the property to someone who can clean it up will result in it remaining contaminated and that is a significant environmental consequence. The argument is hollow. The appellant has been required to clean up the site and remains under that legal obligation. The absence of these new regulations in the past did not appear to lead to the remedy they now claim would now be harder to achieve. They posit their argument in the following fashion: the enlarged buffers make it less likely that someone will invest in this property and/or that the enlarged buffers will reduce the total economic return of the property basically scaring off potential deep-pocketed investors who could afford to clean up the site. 10. As noted above, the socio-economic impacts are not considered directly when making an environmental determination. The economics of contaminant remediation was what Baxter stressed with its argument that reducing the land available for development or for capping contaminated parcels would reduce the pool of purchaser-developers and make remediation less likely reSUlting in significant environmental impacts. The impacts of contamination already exist and the lesser buffer regulations now in effect have not allowed Baxter to find a willing buyer. The existing contamination may have played a role in the failure to sell and/or redevelop the site but it cannot be used as justification for requiring the preparation of an EIS. 11. The appealing party or parties have a burden that was not met in the instant case. The decision of the ERC must be affirmed. DECISION: The decision of the ERC is affirmed. ORDERED THIS 16th day of December, 2004. TRANSMITTED THIS 16th day of December, 2004 to the parties of record: Jennifer Henning 1055 S Grady Way Renton, W A 98055 Traci Shall better Davis Wright Tremaine, LLP 1501 Fourth Avenue Seattle, W A 98101 James C. Hanken 999 Third Ave., Ste. 3210 Seattle, W A 98104 Zan etta Fontes Assistant City Attorney Renton, W A 98055 Sunset BluffSEPA Appeal • File No.: LUA-04-002, ECF, PP December 16, 2004 Page 11 • TRANSMITTED THIS 16th day of December, 2004 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services All Parties of Record Larry Rude, Fire Larry Meckling, Building Official Planning Commission Transpiration Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gofthe City'S Code, request for reconsideration must be filed in writing on or before 5:00 p.m., December 30, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., December 30,2004. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation ofthe request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. • Kathy Keolker-Wheeler, Mayor· September 28, 2004 James C, Hankeri 999 Third Avenue, Suite 3210 Seattle, W A 98104 Hearing Examiner . FredJ. Kaufman . Re: Appeal of Determination of non-Significance for City of Renton Best Available Science ,Critical Area Regulations and Shoreline Master Program GMA Integration, LUA-04-084, ECF Dear Mr, Hanken: Please be advised that the appeal hearing you requested in the above matter has been scheduled for Tuesday, October 12, 2004 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. Ifthis office can provide any further assistance, please address those comments in writing. ·Sincerely, Fred Kaufman Hearing Examiner City of Renton FI<Jnt cc: Larry Warren, City Attorney Neil Watts, Development Services Jennifer Henning, Development Services Rebecca Lind, Development Services Gregg Zimmerman, City of Renton ----10-5-5-S-ou-th-G-ra-d-y-W-ay--R-e-n-to-n-, W-as-h-in-g-to-n-9-8-05-5---(4-2-5-) 4-3-0--6-5-1-5 ----~ ® This paper contains 50% recycled material, 30% post consum~r AHEAD OF THE CURVE • Kathy Keolker-Wheeler, Mayor October 11, 2004 James C. Hanken 999 Third Avenue, Suite 3210 Seattle, WA 98104 Hearing Examiner Fred J. Kaufman Re: Appeal of Determination of non-Significance for City of Renton Best Available Science . Critical Area Regulations and Shoreline Master Program GMA Integration, LUA-04-084, ECF Dear Mr. Hanken: Please be advised that the appeal hearing in the above matter has been rescheduled for Tuesday, November 9,2004 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, Fred Kaufman Hearing Examiner City of Renton FK1nt cc: Larry Warren, City Attorney Neil Watts, Development Services Jennifer Henning, Development Services Rebecca Lind, Development Services Gregg Zimmerman, City of Renton All Parties of Record ----1-05-5-S-0-u-th-G-r-ad-y-W-ay---R-e-n-to-n-, W-as-h-in-g-to-n-9-g-0-55--(-4-25-)-4-3-0--6-5-15----~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE 4~~ ~~ 5001 --6.2 ., -,o"C, ~~d ishing ONDI"-MAIL AD CAMPAIGNS, PRETTY BAD: . WE HOPE OUR NEW PRODUCTS WILL REDUCE YOUR INTEREST. o Cash • CITY OF RENTON City Clerk .Division 1055 Bouth Grady Way Renton, W A 98055 425-430-6510 •• Receipt N~ 163 Date C\ /l/Otj o Notary Service o Check No. _____ _ o Copy Fee ~ppealFee 0 __________ _ Description: A~\)fa\ -l\)A -()L\:084 '~S)n\!nrr "1\\\ . Funds Received From: l0,\d ., CL 'n'-' '" '\ I Amount $ 5 o~ I Name Address City/Zip ,': ," ~1; ',,' ,', q\.AW UT1\~b o-t\11I'ne-5 C t o..",Vtn l· . / ~~f{f!:.~~.~h,tt;ll/l/lL-A... . ~ ,.':'.! .. :, .'.->;.;~;. , -' ':~:,,;. .•• .;.".;': ·f "d :f;.-" .:: #,; ;,! ,,:,'" .; :,: ~., '!;;,,: ;"~; ... ;~:. ' . ., ·.~·i •. ,;.~il·,·&j~·~~~:,~<t~~:;-;:~~~I,~~.l,t.·~..'j-.. ~·n~1..'·;.!:.~,!.~~~~:;:.:;~~d:;;.:~.::::'! • Mr. Fred J. Kaufman City of Renton Hearing Examiner Renton Municipal Building 1055 S. Grady Way Renton, W A 98055 LAW OFFICES OF JAMES C HANlCEN 999 THIRD AVENUE, SUITE 3210 SEATILE, WASHINGTON 98104 F~(206)381-3574 September 7, 2004 • CITY OF RENTON ;;, ; be \ '\i i 3 ·.55pffi SEP 07 2004 RECEIVED CITY CLERK'S OFFICE Re: Notice of Appeal of Determination of Non-Significance for City of Renton Best Available Science Critical Area Regulations and Shoreline Master Program GMA Integration, LUA04-084, ECF Dear Mr. Kaufman: J. H. Baxter & Co., a California Limited Partnership, (" Baxter"), ("Appellant") respectfully appeals the issuance of the Determination of Non significance ("DNS") issued on August 18,2004 for the City of Renton Best Available Science Critical Area Regulations and Shoreline Master Program GMA Integration ("Updates"). A filing fee of $75 is enclosed .. B~ter, as a long time Renton property owner which will be directly affected by the Updates and the City's failure to adequately consider the potential adverse environmental impacts of the Updates, finds it necessary to challenge this determination. 1 The City appears to have presumed that since its proposed revisions have the goal of enhancing environmental quality and preserving wetlands and critical areas, the revisions do not warrant full environmental review. As a result, the City's analysis of the impacts of the Update· on land use and shoreline use, transportation, public services and utilities, economics, socioeconomics, and private property has been superficial and insufficient. See WAC 197-11- 235(5)(b); WAC 197-11-330(5); WAC 197-11-444; WAC 197-11-448. In this respect, the City has failed to comply with the express mandate of SEP A that reads: A threshold determination shall not balance whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any probable significant adverse environmental impacts under the rules stated in this section. Baxter joins with and adopts Barbee & Altino Properties' appeal filed contemporaneously. 1 Baxter is a partner in Quendall Terminals, Inc.-the owner of the property at 4503 NE Lake Washington Boulevard in Renton, W A under tax parcel # 292405-9002. Fred J. Kaufman September 7, 2004 Page 2 • • More specifically, appellant objects to the DNS on the following bases: As WAC 197-11-448 states "The EIS provides a basis upon which the responsible agency and officials can make the balancing judgment mandated by SEP A, because it provides information on the environmental costs and impacts". The City does not provide any basis by which the many industrially contaminated properties can achieve successful remediation oftheir contaminated sites by development prohibited by this ordinance. Thus the "balancing jUdgment" does not consider or evaluate such import on the waterfront industrial properties. We also submit the reasons itemized by Barbie and Altino Properties. Environmental factors are not readily subject to standardization or quantification and hence there is great potential for abuse in rendering threshold determinations. See id. at 272-73. Such potential for abuse, together with a need to ensure that an appropriate balance between economic, social, and environmental values is struck, requires a higher degree of judiCial scrutiny of SEP A threshold determinations than is normally appropriate for administrative action. Id. Reviewing the City's DNS under applicable standards, with the purposes and policies of SEP A in mind, reveals that the City's issuance of a DNS was clearly erroneous. Thus, appellants respectfully request that the Examiner find that the City's issuance of a DNS was clearly erroneous, such that the City will be obligated to fully and objectively consider and evaluate the likely adverse environmental impacts of the Updates. cc: Jennifer Henning, City of Renton . Neil Watts, City of Renton Larry Warren, City of Renton Greg Zimmerman, City of Renton Georgia Baxter RueAnn Thomas Robert Cugini Crissa Cugini Respectfully submitted, Law Offices of James C. Hanken LL_"IA~ ~JHanken • CITY·OF RENTON ... City Clerk Dirision 1055 South 'Grady Way.' Renton, W A 98055 425-430-6510 • Receipt .N~ :162 Date 9/1/01-\. o Cash 0 Copy Fee . 0 Notary Service o Check No. ~ppealFee .'. ···.·D __ -:--~ ___ _ Description: \) O\} \ ') \tJ~ \ j'x\ -\-, \ I:e ,,flO! 'l\ eLL P r \ p P l Ql \ LUA-04-08i\. \ \jQWo~~~<h \\ .' FundS Received From: Name Address City/Zip .. ': \"\; I \' cW) C! IY)~. .:'.: ',' l'?OI.Y% Av.(; .. wA ~~\O\ -lro66 I A,munt$l5'o . y....... / ~~#~~ ((fi)H/L --------. ------ ." City Staff Signature' .'::;,... '. .. :'.'. ' .• :: '.. ',. ,,:~ ,;:,:,~,_:, . '''''''' "'·';"';.,.J:,£i, .'/,.';:d~:;; :(~ .. ;l; .. ;; ~,~; :.,,;;i'i';;'i'~;~·~i;;:;.';i.;J.:i':":~'!:"~I! " :~0;~./i,:;~".:,l,ij; •. 'i;~:";'f::;': .):~ :;'::i'j;l:p::,'X;1;;:*i';l,~;~)~;.,;~.;.l;1~/ij,~,,~tl.j,:".;iLr..: •. ,c., ".:,.!! .i, t,., I,. • • LAWYERS Davis Wright Tremaine LLP ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D.C. TRACI SHALLBETTER DIRECT (206) 628·7633 tracishallbetter@dwt.com Mr. Fred J. Kaufman City of Renton Hearing Examiner Renton Municipal Building 1055 S. Grady Way Renton, W A 98055 2600 CENTURY SQUARE 1501 FOURTH AVENUE SEATTLE, WA 98101-1688 September 7, 2004 TEL (206) 622-3150 FAX (206) 628-7699 www.dwt.com CITY OF RENTON /:3&p,rn . SEP 07 2004 R~CEIVED CITY CLERK'S OFFICE 381:1:10 S.)lH318A I ,. 03!\I3838 ,00l. L 0 d3S N01N3H:l0 A.U: Re: Notice of Appeal of Determination of Non-Significance for City of Renton Best Available Science Critical Area Regulations and Shoreline Master Program GMA Integration, LUA04-084, ECF Dear Mr. Kaufman: On behalf of Barbee Forest Products, Inc.; Barbee Mill Co., Inc.; and Altino Properties, (together, "Appellants"), we respectfully appeal the issuance of the Determination of Nonsignificance ("DNS") issued on August 18,2004 for the City of Renton Best Available Science Critical Area Regulations and Shoreline Master Program GMA Integration ("Updates'} A filing fee of $75 is enclosed. As companies doing business and owning a significant amount of developable property in the City of Renton, Appellants will be directly affected by the Updates and the City's failure to adequately consider the potential adverse environmental impacts of the Updates. I The City appears to have presumed that since its proposed revisions have the goal of enhancing environmental quality and preserving wetlands and critical areas, the revisions do not I Barbee Forest Products, Inc. owns the property at 4101 NE Lake Washington Boulevard in Renton, WA under tax parcel # 322405-9034 ("Barbee Mill"). Barbee Mill Co., Inc. owns the improvements and runs the sawmill operations at Barbee Mill. Altino Properties is a partner in Quendall Terminals, Inc.-the owner of the property at 4503 NE Lake Washington Boulevard in Renton, W A u~der tax parcel # 292405-9002. SEA I 544907vl 26266-4 Seattle . 1 . 91 COPCI fo I\\ed \N~ S c, C 1111 /~ito-gntLi September 7, 2004 Page 2 • • warrant full environmental review. As a result, the City's analysis of the impacts of the Update on land use and shoreline use, transportation, public services and utilities, economics, socioeconomics, and private property has been superficial and insufficient. See WAC 197-11- 235(5)(b); WAC 197-11-330(5); WAC 197-11-444; WAC 197-11-448. In this respect, the City has failed to comply with the express mandate of SEP A that reads: A threshold determination shall not balance whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any probable significant adverse environmental impacts under the rules stated in this section. More specifically, Barbee objects to the DNS on the following bases. 1. The City's environmental analysis has been woefully inadequate in identifying and explaining the impacts of the Updates, particularly the minimum buffer standards, on economic and socioeconomic development. "SEP A contemplates that the general welfare, social, economic, and other requirements and essential considerations of state policy will be taken into account in weighing and balancing alternatives and in making final decisions." WAC 197-11-448. 2. The City has failed to adequately consider the impacts that the Updates will have on existing land and shoreline uses, including but not limited to popUlation allocations. 3. The City has failed to adequately consider the impacts that the Updates will have on private use and enjoyment of property and the waterfront, including impacts to recreation, and movement/circulation of people or goods. 4. Impacts on the natural and built environment (i.e., traffic, air, water, soils, public services) associated with concentrating densities elsewhere within the City to offset the elimination of buildable lands under the proposed amendments have not been adequately disclosed or considered. 5. The "reasonable use exception" for certain minimum buffer standards retains certain baselines below which development may not occur-regardless of whether development below such baseline would have any adverse impacts on the critical areas and regardless of what is revealed through best available science. As such, the reasonable use exception does not remedy the potential significant adverse environmental impacts of the Updates. 6. The Updates appear likely to have "more than a moderate effect on the quality of the environment," and hence a DNS was inappropriate. Where there is doubt concerning whether a probable significant adverse effect exists, the threshold determination should be in favor of preparing an EIS. See Norway Hill Preservation and Protection Assoc. v. King County Council, 87 Wn.2d 267,273,552 P.2d 674 (1976). SEA 1544907vl 26266-4 Seattle September 7, 2004 Page 3 • • 7. The Updates unconstitutionally force a few private land owners to bear burdens for the public benefit. 8. According to Washington law, "what SEPA requires, is that the 'presently unquantified environmental amenities and values will be given Appropriate consideration in decision making along with economic and technical considerations.' See RCW 43.21C.030(2)(b); Norway Hill, 87 Wn.2d at 272. "It is an attempt by the people to shape their future environment by deliberation, not default." Id. The City's DNS fails to reflect and comply with the purposes and policies of SEP A. 9. The City has failed to adequately consider the cumulative impacts of the Updates on land use, development, economics, and socioeconomics. As noted in WAC 197-11-330(3): "[t]he absolute quantitative effects of a proposal are also important, and may result in a significant adverse impact regardless of the nature of the existing environment." "Several marginal impacts when considered together may result in a significant adverse impact," and the City'S DNS evidences a failure to have considered such fact. Environmental factors are not readily subject to standardization or quantification and hence there is great potential for abuse in rendering threshold determinations. See id. at 272-73. Such potential for abuse, together with a need to ensure that an appropriate balance between econorni~, social, arid environmental values is struck, requires a higher degree of judIcial scrutiny of SEP A threshold determinations than is normally appropriate for administrative action. Id. Reviewing the City's DNS under applicable standards, with the purposes and policies of SEPA in mind, reveals that the City's issuance of a DNS was clearly erroneous. Appellants respectfully request that the Examiner find that the City'S issuance of a DNS was clearly erroneous, such that the City will be obligated to fully and objectively consider and evaluate the likely adverse environmental impacts of the Updates. SEA I 544907vl 26266-4 Seattle Respectfully submitted, September 7, 2004 Page 4 • • cc: Alex and Norma Cugini, Barbee Mill Company/ Altino Properties Crissa Cugini, Barbee Mill Company/Barbee Fotest Products Robert Cugini, Barbee Mill Company/ Barbee Forest Products Jennifer Henning, City of Renton Neil Watts, City of Renton Larry Warren, City Attorney Steven Wood, Century Pacific Campbell Mathewson, Century Pacific Gregg Zimmerman, City of Renton Matt Hough, Otak Tom Goeltz, Davis Wright Tremaine SEA l544907vl 26266-4 Seattle STA TE OF WASHINGTON, COUNTY OF KING } AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the .English langu~ge continuously as a daily newspaper in King County, WashlOgton. The KlOg County Jour~al has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) w~ich was regularly distributed to its subscribers during the below stated penod. The annexed notice, a Public Notice was published on Friday, 9/10/04 The full amount of the fee charged for said foregoing publication is the sum of $412.88 at the rate of $15.50 per inch for the first publication and N/A per Lily Nguyen . Legal Adve sing Representative, King County Journal Z S2;::" 10 me lhi, 10th day of Septembcr, 2004. "'_,L.....:....:..::..:......:.....--------..:... -----:;,\\\\\1111111//1// Tom A. Meagher "",,'\ f(;.p..GH~ III/,'. . Notary Public for the State of Washingto~-Res.Mljlg"'E· .if¥.tmo~ WashlOgton ......: ~ •• -0'(\ 'X..IJ" -. ~ Ad Number: 846907 P.O. Number: 2' ~ ......... ;.\ &. \ ':§. Cost of publishing this notice includes ~affiPfvi~!\~'\rge. \ f> ~ = I-: 0 ~./ : I-= ::: ~o ..... ~ : = :::'. IjfQ~~! C!J ::: ~ .• P ftt:).·~ ~ /. -. . ...... ~" ~ ~ tS' •••• M'A"f "".'. •• ""<.-S:f 'l. 1'.J!I ••• •• ····: .. I ..... CO .§' 'l. -~,.~ f 't' ~-~ "//1; 0;;: 0 \\\'\ IIII/IIIIIII\\\\\\: NOTICE OF PUBUC HEARING CITY OF RENTON 2004 GMA COMPREHENSIVE PLAN UPDATE AND BEST AVAILABLE SCIENCE CRITICAL AREAS REGULATIONS AND . SHOREUNE MASTER PROGRAM GMA INTEGRATION Notice is hereby given that the Renton Planning Commission will hold a Public Hearing Tuesday, September 21, 2004, 6:00 PM. at the Renton City Hall, City Council Chambers, 1055 S. Grady Way, 7th Floor, Renton, WA. The purpose of the Public Hearing is to consider the 2004 Growth Management Act mandated amendments to the Renton Comprehensive Plan. These proposed amendments include text updates to the Vision, and the Land Use, Housing, Transportation, Utilities, Capital Facilities, Environment, and Economic Development Elements. Three new Elements are proposed: Community Design, Human Services, and Parks, Open Space, Trails and Recreation. ·Changes in the Land Use Element include reorganization of the Commercial and Residential designations and incorporation of the existing Downtown Element section into policies shaping development of the City's Urban Center. In addition, the Planning Commission will consider amendments to the Land Use Element Map to implement the proposed text amendments and to consider private land use/concurrent rezone proposals described below. The Commission will also hear the proposed Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration. #2003-M-02 (LUAoOl-167): King County Public Health Department NE 4th Street Facility Applicant: City of Renton Property Owner: King County Proposal: Change the Comprehensive Plan designation from Center Institution to Commercial Corridor and rezone from Light Industrial to Commercial Arterial. #20M-MoOl (LUA-03-118): Jones Rezone on Maple Valley Highway Applicant: Troy Jones Property: 2904 Maple Valley Highway Proposal: Consider Land Use Map Amendment from Residential Options to Neighborhood Commercial and rezone from R-I0 to Commercial Arterial. . #2OO4-Mo02 (LUA-03-120): Sunset Heights Retirement Applicant: Hendrickson Family Property: 141st Ave SE to 146th Ave SE between NE Sunset Blvd and NE 112thPI Proposal: Request Land Use Map Amendment from Residential Rural to Residential Medium Oensity with concurrent rezone from Residential Rural to R-10. #2OO4-M-03 (LUA-03-119): AnMarco I Old Stoneway Concrete Plant Site Applicant: AnMarco Property: 1920 Maple Valley Highway Proposal: Land Use Map Amendment and Rezone from COR to Commercial Corridor designation and Commercial Arterial zoning. #2OO4-M-04 Revisions to the Employment Area-Valley and Automall Applicant: City of Renton Property: Southwest Renton area Proposal: Expand the Automall to Oakesdale Avenue SW on the west and Williams Avenue S on the east. This expansion will require adjusting the designations for land currently in the .Employment Area -Valley to Employment Area -Industrial. #2004-Mo05 Revisions to Centers, Institutional, and Residential Designations and Associated Zones Applicant: City of Renton Property: Citywide Proposal: Commercial Areas - Eliminate the Center Suburban and Center Neighborhood designations and replace them with a Commercial Corridor designation. The underlying zoning would be Commercial Arterial. Change the Convenience Commercial designation and zoning to Neighborhood Commercial. Residential Areas - Consolidate the Residential Multi- Family Center Suburban, Residential Multi-Family Neighborhood Center, and Residential Multi-Family Infill into a single Residential Multi- Family designation and zone. ConSolidate the Residential Options and Residential Planned Neighborhood designations into one, Residential Medium Density. The underlying zoning remains Residential 10 and Residential 14. Incorporate the Center Institution designation into the new Commercial Corridor designation for Valley Medical Center and the Renton Technical College, and change the Institutional designation to Employment Area Industrial for the 'King County properties (adjacent to NE 3rdl4th and Monroe and NE 2nd) with existing industrial zoning. #2OO4-M-06 SW Sunset Boulevard Applicant: City of Renton Property: 600 Block of SW SUllset Boulevard and portions of the 400 and 700 Blocks, and a portion of the 300 Block of Stevens Avenue SW Proposal: Redesignate a portion of single-family designated and zoned land, Single Family Residential· and Residential 8, respectively, to the Comprehensive Plan designation Commercial Corridor with Commercial Arterial zoning. #2OO4-Mo07: Residential 4 Zoning (Citywide) Applicant: City of Renton Property: Citywide Proposal: Review zoning in the Residential Rural Land Use designation (proposed Residential Low Density). Existing R-l, R-5 zoning will be evaluated to determine if R-4 zoning is appropriate on the sites. ~~'he Commission will also consider two groups of parcels in the Single Family designation to determine if the properties should be considered for redesignation in the proposed Residential Low Density designation. Group #1 includes the unincorporated area on SR 900 adjacent to 142nd Street and includes King County PID #s 0323059078, 0323059119, 0323059054, 0323059155 & 0323059161. Group #2 inclmles: multiple properties in the unincorporated area between SE 95th Way on the north and the City of Renton boundaries on the south, mostly west of Union Avenue NE except for the area north of NE 27th and east of Union Avenue NE, also south of SE 95th Way. The area is generally south of May Creek and north of Honey Creek. City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations (LUA-04-084): The purpose of the proposal is to meet Growth Management Act, Shoreline Management Act, and City Comprehensive Plan goals for critical area protection in the City of Renton context. The proposal includes: Renton Comprehensive Plan policy amendments; Shoreline Master Program policy, map, and regulation amendments; and Title IV code amendments including amendments that address streamslrivers/lakes as well as refinements to other critical area sections, variance and permit procedures, and other interrelated codes. All interested parties are invited to the Planning Commission Public Hearing on September 21, 2004 at 6:00 p.m. to express their opinion. Written comments may also be submitted prior to the Public Hearing at the above address. Jerrilynn Hadley, Secretary Renton Planning Commission Published in the King County Journal September 10,2004. #846907 STA TE OF WASHINGTON, COUNTY OF KING } AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Lily Nguyen, being first duly sworn on oath that she is a Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been' approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a Public Notice was published on Monday, 8/23/04 The full amount of the fee charged for said foregoing publication is the sum of $71.88 at the rate of $15.50 per inch for the fit:St publication and NIA per inch for eaclb SUbS'C:--- Lily Nguye Legal Adtertising Representative, King County Journal Subscribed and sworn to me this 23rd day of August, 2004. \\\\\\111 II 1 It//I ~ ~ ",-,:.' lJ,'f..AGI-( IIII///. ~ ", ............. ~.-9 ~ $' '" .. ".-::\011 ExlJ;,.··.. ~ ~ '-.. -',~ @1oS' -. ~ Tom A. Meagher 2 /? /l ,f:>..RY .... ~ Notary Public for the State of Washington, Residing in Redmond, ~as~ic8~~ $ ---; 6 ~ Ad Number: 846757 P.O. Number:. ::. \, p ro\'\~",: /-. ~ Cost of publishing this notice includes an affidavit surcharge. ~ tl''''' U '1-<:><:>/ ~ $ '/ /'0 '" AfAY '2, ••••• ~ $ ~ '1r ............ ,,::>'-" . /////1 ~ 0 F \['J po.. \\\\~ 11//1/1/ II \ \I \ \1\\ NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non-Significance for the following project under the authority of the Renton Municipal Code. City of Renton Best Available Science . Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, Lake Regulations LUA04-084, ECF Appeals of the environmental determination must be fIled in writing on or before 5:00 PM September 7, 2004. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of .Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510: Published in the King County Journal August 23, 2004. #846757 e -- ·~ " • CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 15th day of September, 2004, I deposited in the mails of the United States, a sealed envelope containing Postponed Public Hearing documents. This information was sent to: State Agencies See Attached Parties of Record See Attached ~. _ AdJ"£~ ,/ ,.. ... ," ...... ,'\" (Signature of Sender): 7~(j' ~ _---~~\\..'lN ~""'t r i" ~~.:~\s·sio···~o .", .. ..o~ I\t~ •• ~ ~ STATE OF WASHINGTON ) f .... (j ~Ol,q ~ ... ~ ~ ) SS ~: _ -9;.";P~ " ~ iJ:,,.. : -m.·' .. VI iO·, CI) ~ COUNTY OF KING ) ~ -t \ vellC .: : ~~.. : ~ I, ~ •• !X<. •• ~ .: I certify that I know or have satisfactory evidence that Stacy Tucker "" o~··.~:~.? .... ~o f' signed this instrument and acknowledged it to be his/her/their free and voluntary act f8N~Rod"- purposes mentioned in the instrument. \""" ......... Dated: q/'<'tDL( ~~~ NotarYPUlCif'land fortheStatW ashington Notary (print): _____ -iM~A~R~'lYNBtNflKAMCbIffl'I~HmEFFIt7tt""Z!"7!1r;;:;_--------- My appointment expires: ~IAPP8INfMENrtxPIRES 6"29-07 Critical Areas Code Amendments 2004 LUA04-084, ECF Richard Gumpert IDC 742 1st Street S Kirkland, WA 98033 Dean Radford King County Journal 600 Washington Ave S Kent, WA 98032 Lowell Anderson 8225 S 128th Street Seattle, WA 98178 Suzann Krom 4715 V2 36th Avenue SW Seattle, WA 98126-4715 Campbell Mathewson CenturyPacific, LP 1501 Fourth Avenue #2140 Seattle, WA 98101 Farideh Mastan 13810 SE 42nd Place Bellevue, WA 98006 Matthew Mega, AICP Urban Habitat Program Director Seattle Audubon Society 8050 35th Avenue NE Seattle, WA 98115 Steve Penland Department of Fish & Wildlife PO Box 43155 Olympia, WA 98504-3155 Elizabeth McNagny Department of Social & Health Services PO Box 45848 Olympia, WA 98504-5848 Review Team Department of Community, Trade & Economic Development Growth Management Services PO Box 42525 Olympia, WA 98504-2525 -Garrett Huffman South King County Manager Master Builders Association 335 116th Avenue SE Bellevue, WA 98004 Sandra Lange, Planner Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Avenue SE Bellevue, WA 98008-5452 Daniel E. Penttila Fish Biologist WDFW Habitat Program PO Box 1100 LaConner, WA 98257-1100 Tom Malphrus Friends of the Black River 18713 102nd Avenue SE Renton, WA 98055 Renee Schaefer PGP Inc. 1325 4th Avenue #500 Seattle, WA 98101 Donna J. Bunten WA Department of Ecology PO Box 47600 Olympia, WA 98504-7600 Traci L. Shall better Davis Wright Tremaine LLP Attorneys for Barbee Mill Co. 2600 Century Square 1501 Fourth Avenue Seattle, WA 98101-1688 Bill Koss Parks and Recreation Commission PO Box 42650 Olympia, WA 98504-2650 Harriet Beale Puget Sound Water Quality Action Team PO Box 40900 Olympia, WA 98504-0900 John Aden Department of Health Division of Drinking Water PO Box 47822 Olympia, WA 98504-7822 David Halinen Halinen Law Offices, P.S. 2115 N 30th #203 Tacoma, WA 98403 Richard Robohm Wetland Specialist Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Ave SE Bellevue, WA 98008-5452 Brad Olschefski 6672 156th Avenue Bellevue, WA 98006 Chad Armour 6500 126th Avenue SE Bellevue, WA 98006 David Halinen Halinen Law Offices, P.S. 10500 NE 8th Street #1900 Bellevue, WA 98004 James C. Hanken Law Offices of James C Hanken 999 Third Avenue, Suite 3210 Seattle, WA 98104 Nancy Winters Department of Corrections PO Box 41112 Olympia, WA 98504-1112 Anne Sharar Department of Natural Resources PO Box 47001 Olympia, WA 98504-7001 Bill Wiebe Department of Transportation PO Box 47300 Olympia, WA 98504-7370 SEPA/GMA Coordinator Department of Ecology PO Box 47600 Olympia, WA 98504-7600 .. . . .. Lorinda Anderson Interagency Committee on Outdoor Recreation PO Box 40917 Olympia, WA 98504-0917 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor Department of Natural Resources PO Box 47015 Olympia, WA 98504-7015 City of Kent Attn: Mr. Fred Satterstrom, AICP Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 • WDFW -Stewart Reinbold clo Department of Ecology 3190 160th Ave SE Bellevue, WA 98008 Duwamish Tribal Office 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Div. Ms. Shirley Marroquin Environmental Planning Supervisor 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 KC Dev. & Environmental Svcs. Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Gary Kriedt Senior Environmental Planner 201 S Jackson Street, KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 Seattle, WA 98104-5004 e Muckleshoot Indian Tribe Fisheries Dept. Attn. SEPA Reviewer 39015 -172nd Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program Attn: Ms Melissa Calvert 39015 172nd Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation Attn: Stephanie Kramer PO Box 48343 Olympia, WA 98504-8343 City of Newcastle Attn: Mr. Micheal E. Nicholson Director of Community Development 13020 SE 72nd Place Newcastle, WA 98059 Puget Sound Energy Joe Jainga Municipal Liason Manager PO Box 90868, MS: XRD-01W Bellevue, WA 98009-0868 City of Tukwila Steve Lancaster, Responsible Official 6300 Southcenter Blvd. Tukwila, WA 98188 e e City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: AUGUST 2, 2004 APPLICATION NO: LUA-04-084, ECF APPLICANT: Cit of Renton PROJECT MANA PROJECT TITLE: Best Available Science Critical Areas PLAN REVIEW: Regulations and Shoreline Master Program GMA Integration Pro osal, Featurin New Stream, River, and Lake Re ulations SITE AREA: NlA BUILDING AREA ross: NlA LOCATION: NlA I WORK ORDER NO: 77287 SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghtiGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELA TED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. SignaCrfj g.~", Rep"."'ta"'" Date Agencies See Attached Parties of Record See Attached (Signature of Sender): STATE OF WASHINGTON SS COUNTY OF KING """""\" ........... oJN "A "~II ...... _"l ,-v,t11.' t ;-.···S .. ,·o····. O..t.", f ~ .... ;t-'S N ~' •• ~ ~ ',1. , :O~ :r..o. "<' ~ : :'CJ ~OTAt«?J.-~\ "1\ ~ ~ : -.-~: ~ ~(J)' f:l ., l "'" \ liBUC .: ! ',~'. ...~: I certify that I know or have satisfactory evidence that Stacy Tucker '" ~ "'!!:<9-07 .... ··~O / signed this instrument and acknowledged it to be his/her/their free and volunt~6~~?~es and purposes mentioned in the instrument. ',\,\\, ............. ~ ... Dated: ~ 2d),:::o'>¥ ~ry~n~~ington () MARILYN KAMCHEFF Notary Print :_--...JnW¥'A'~AI2~P9Hg"!ffmMfAf:HNfHEX*f[plfflffl~ES:1::6=~2lj-I"710rTr __________ _ My appointment expires: Critical Areas Code Amendments 2004 LUA04-084, ECF template -affidavit of service by mailing Richard Gumpert IDC 742 1st Street S Kirkland, WA 98033 Dean Radford King County Journal 600 Washington Ave S Kent, WA 98032 Lowell Anderson 8225 S 128th Street Seattle, WA 98178 Suzann Krom 4715 V2 36th Avenue SW Seattle, WA 98126-4715 Campbell Mathewson CenturyPacific, LP 1501 Fourth Avenue #2140 Seattle, WA 98101 Farideh Mastan 13810 SE 42nd Place Bellevue, WA 98006 Matthew Mega, AICP Urban Habitat Program Director Seattle Audubon Society 8050 35th Avenue NE Seattle, WA 98115 Steve Penland Department of Fish & Wildlife PO Box 43155 Olympia, WA 98504-3155 Elizabeth McNagny Department of Social & Health Services PO Box 45848 Olympia, WA 98504-5848 Review Team Department of Community, Trade & Economic Development Growth Management Services PO Box 42525 Olympia, WA 98504-2525 e Garrett Huffman . South King County Manager Master Builders Association 335 116th Avenue SE Bellevue, WA 98004 Sandra Lange, Planner Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Avenue SE Bellevue, WA 98008-5452 Daniel E. Penttila Fish Biologist WDFW Habitat Program PO Box 1100 LaConner, WA 98257-1100 Tom Malphrus Friends of the Black River 18713 102nd Avenue SE Renton, WA 98055 Renee Schaefer PGP Inc. 1325 4th Avenue #500 Seattle, WA 98101 Donna J. Bunten WA Department of Ecology PO Box 47600 Olympia, WA 98504-7600 Traci L. Shallbetter Davis Wright Tremaine LLP Attorneys for Barbee Mill Co. 2600 Century Square 1501 Fourth Avenue Seattle, WA 98101-1688 Bill Koss Parks and Recreation Commission PO Box 42650 Olympia, WA 98504-2650 Harriet Beale Puget Sound Water Quality Action Team PO Box 40900 Olympia, WA 98504-0900 John Aden Department of Health Division of Drinking Water PO Box 47822 Olympia, WA 98504-7822 David Halinen Halinen Law Offices, P.S. 2115 N 30th #203 Tacoma, WA 98403 Richard Robohm Wetland Specialist Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Ave SE Bellevue, WA 98008-5452 Brad Olschefski 6672 156th Avenue Bellevue, WA 98006 Chad Armour 6500 126th Avenue SE Bellevue, WA 98006 David Halinen Halinen Law Offices, P.S. 10500 NE 8th Street #1900 Bellevue, WA 98004 James C. Hanken Law Offices of James C Hanken 999 Third Avenue, Suite 3210 Seattle, WA 98104 Nancy Winters Department of Corrections PO Box 41112 Olympia, WA 98504-1112 Anne Sharar Department of Natural Resources PO Box 47001 Olympia, WA 98504-7001 Bill Wiebe Department of Transportation PO Box 47300 Olympia, WA 98504-7370 SEPA/GMA Coordinator Department of Ecology PO Box 47600 Olympia, WA 98504-7600 .;-. >- Lorinda Anderson Interagency Committee on Outdoor Recreation PO Box 40917 Olympia, WA 98504-0917 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor Department of Natural Resources PO Box 47015 Olympia, WA 98504-7015 City of Kent Attn: Mr. Fred Satterstrom, AICP Acting Community Dev. Director 220 Fourth Avenue South Kent, W A 98032-5895 WDFW -Stewart Reinbold c/o Department of Ecology 3190 160th Ave SE Bellevue, WA 98008 Duwamish Tribal Office 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Div. Ms. Shirley Marroquin Environmental Planning Supervisor 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 KC Dev. & Environmental Svcs. Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Gary Kriedt Senior Environmental Planner 201 S Jackson Street, KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 Seattle, WA 98104-5004 e Muckleshoot Indian Tribe Fisheries Dept. Attn. SEPA Reviewer 39015 -172nd Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program Attn: Ms Melissa Calvert 39015 172nd Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation Attn: Stephanie Kramer PO Box 48343 Olympia, WA 98504-8343 City of Newcastle Attn: Mr. Micheal E. Nicholson Director of Community Development 13020 SE 72nd Place Newcastle, WA 98059 Puget Sound Energy Joe Jainga Municipal Liason Manager PO Box 90868, MS: XRD-01W Bellevue, WA 98009-0868 City of Tukwila Steve Lancaster, Responsible Official 6300 Southcenter Blvd. Tukwila, WA 98188 • • ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: City of Renton Beat Available Science Critical Area. Regulations and Shoreline Master Program GMA IntegraUon, Featuring New Stream, River, and Lake Regulations PROJECT NUMBER: LUA04-084, ECF LOCATION: Citywide DESCRIPTION: The purpose of the City of Renton Besl Available Science Critical Areas Regulations and Shoreline Master Program GMA IntegraUon project Is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goal. for critical area protection In the City 01 Renton context. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeal. of the environmental determination must be flied In writing on or before 5:00 PM September 7, 2004. Appeal. must be flied In wrltlng together with the required $75.00 application fee with: Hearlng Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional Information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING DATE WILL BE SET AND ALL PARTIES NOTIFIED. THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. i FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT' ............ """'\\, SERVICES DIVISION AT (425) 430-7200. I .............. pS'\LYN ~·"t. r-__ D~O~N~O~T~R~E~M~O;:V~E~T~H~I~S:::N~O:::TI::C~E~W1~T~H~O~UT~P~R~O~PE~R~A~U~TH~O~R~I~Z~AT~I~O;:;:N~_ .. I:-~ ........... ., Please Include tile"l1raject NI,!M~ERw""ri'c!llllng for,prope' tile Id._8, n,. !Iflcatlon. _.' .~tJ\ISSJ:O··' " .... ---...... -----.... -.................. --~,j,I-iiI-~;;,;,;--;.;,;,;;,;;.;.;.;;. __ ... : .';9"" ~'. (\ , .. .." N ~' • ..,. ~ ____ 1,_ l O~ +'~ ~ ~ ,"'". _ '9 'O., .. ~ , -4: A) -. '.J,.. $: "TI ~ ~ ~ ~ u~.... 1'r7:"l1: ~ ~ \0'.' 'I.. Ie "".: : I, o'~ ... '" ~ ····~ ... 07 ••••• ;' I, ~ .•.....•.•• o~ -- I, Oeret ~(o&..h ,hereby certify that aC copies oft~,~'~~~~~,'!~ ........... • ...... above document were posted by me in ~C conspicuous places on or nearby the described property on ~u.&+ l~ ( ~00'-t Signed:-m~}.,J-. k~~ ATTEST: Subscribed and sworn per:e me, a Notary Public, i~ ~ ~ --()() Washington residing i~~ ,on the ~ day of ~ ~tX/ . CERTIFICATION MARILYN KAMCHEFF MY APPOINTMENT EXPIRES 6-29-07 •. !~ .' ,..... CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 30th day of July, 2004, I deposited in the mails of the United States, a sealed envelope containing Revised Notice of Application -Extended Comment Period documents. This information was sent to: Parties of Record See Attached List (Signature of .... olnnt':lr/~.,c.~:::Ia:~~:0.....3::;ztl..4..~~~ ___________ _ "''''''''''''\\'' STATE OF WASHINGTON :-_ ...... ~\.~!:' .. ~41.·.ttt SS :~ ~ .... SSIO •••• OL', : ~ •• ~~... N~ ••• ·~', COUNTY OF KING f /8 ~OTA-9 +~"'~~ ~: J.-m: ~ t1.. ...... en-, I certify that I know or have satisfactory evidence that Stacy Tucker ~ Cf) ~ /:JU8 C : : signed this instrument and acknowledged it to be his/her/their free and voluntary act f~~~ ~selAnd ./~ f purposes mentioned in the instrument. \t ;;···?'!.·.~1.···~A....°_f , "I',~ WASt-\\~ ~, ...... - Dated: Q M ~ -)0. ;;oos-r .. "",,, •• - e of Washington Notary (Print): _____ -i1RAH1B'HMM*fl"l'J!-_________ _ MP.A1l'1N IWJleHEW My appOintment expires: MY APPOINTMENT EXPIRES 1:_?Q_"7 Critical Areas Code Amendments 2004 LUA04-084, ECF PARTIES OF RECORD Critical Areas Code Amendments 2004 LUA04-084, ECF Richard Gumpert IDC 742 1st Street S Kirkland, WA 98033 party of record Dean Radford King County Journal 600 Washington Ave S Kent, WA 98032 party of record Daniel E. Penttila Fish Biologist WDFW Habitat Program PO Box 1100 LaConner, WA 98257-1100 party of record Suzann Krom 4715 V2 36th Avenue SW Seattle, WA 98126-4715 party of record Campbell Mathewson CenturyPacific, LP 1501 Fourth Avenue #2140 Seattle, WA 98101 party of record Farideh Mastan 13810 SE 42nd Place Bellevue, WA 98006 party of record Garrett Huffman South King County Manager Master Builders AssOCiation 335 116th Avenue SE Bellevue, WA 98004 party of record Sandra Lange, Planner Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Avenue SE Bellevue, WA 98008-5452 party of record Lowell Anderson 8225 S 128th Street Seattle, WA 98178 party of record Tom Malphrus Friends of the Black River 18713 102nd Avenue SE Renton, WA 98055 party of record Renee Schaefer PGP Inc. 1325 4th Avenue #500 Seattle, WA 98101 party of record David Halinen Halinen Law Offices, P.S. 2115 N 30th #203 Tacoma, WA 98403 party of record Richard Robohm Wetland Specialist Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Ave SE Bellevue, WA 98008-5452 party of record Brad Olschefski 6672 156th Avenue Bellevue, WA 98006 party of record Chad Armour 6500 126th Avenue SE Bellevue, WA 98006 party of record David Halinen Halinen Law Offices, P.S. 10500 NE 8th Street #1900 Bellevue, WA 98004 party of record ',,, '411 .' CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 30th day of July, 2004, I deposited in the mails of the United States, a sealed envelope containing Extended Comment Period Letter documents. This information was sent to: Agencies See Attached List N~'" (Signature of ...... C'1-~'" '~" ' t\OTA..9L "1\ ~ r ~ S ~.--. ~ S (p \ ~(j8L\C .: l COUNTY OF KING ~ •• .. ~ : ~···~:~9-07 ...... ~o l' I certify that I know or have satisfactory evidence that Stacy Tucker .?f:' WAS~\~<:;"~--- Signed this instrument and acknowledged it to be his/her/their free and voluntary a~t'tol'~~"uses and purposes mentioned in the instrument. Dated: OMf· .;>0, i;;:lYyl Notary (Print): ___ ---,~mTiI;m:YN~KAMC~::::.HEfE~------------ My appointment expires: MVAPPOINlMENTEXPIRES 6-29-07 Critical Areas Code Amendments 2004 LUA04-084, ECF Dept. of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 City of Kent Attn: Mr. Fred Satterstrom, AICP Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Steve Lancaster, Responsible Official 6300 Southcenter Blvd. Tukwila, WA 98188 Nancy Winters Department of Corrections PO Box 41112 Olympia, WA 98504-1112 Steve Penland Department of Fish & Wildlife PO Box 43155 Olympia, WA 98504-3155 Elizabeth McNagny Department of Social & Health Services PO Box 45848 Olympia, WA 98504-5848 Review Team Department of Community, Trade & Economic Development Growth Management Services PO Box 42525 Olympia, WA 98504-2525 JFW -Stewart Reinbold c/o Department of Ecology 3190 160th Ave SE Bellevue, WA 98008 Duwamish Tribal Office 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 KC Dev. 8t Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 Seattle, WA 98104-500 SEPA/GMA Coordinator Department of Ecology PO Box 47600 Olympia, WA 98504-7600 Bill Koss Parks and Recreation Commission PO Box 42650 Olympia, WA 98504-2650 Harriet Beale Puget Sound Water Quality Action Team PO Box 40900 Olympia, WA 98504-0900 John Aden Department of Health Division of Drinking Water PO Box 47822 Olympia, WA 98504-7822 .kleshoot Indian Tribe Fisheries Dept. Attn. SEPA Reviewer 39015 -172nd Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program Attn: Ms Melissa Calvert 39015 172nd Avenue SE Auburn, WA 98092-9763 Office of Archaeology 8t Historic Preservation Attn: Stephanie Kramer PO Box 48343 Olympia, WA 98504-8343 City of Newcastle Attn: Mr. Micheal E. Nicholson Director of Community Development 13020 SE 72nd Place Newcastle, WA 98059 Puget Sound Energy Municipal Uason Manager Joe Jainga PO Box 90868, MS: XRD-Ol W Bellevue, WA 98009-0868 Lorinda Anderson Interagency Committee on Outdoor Recreation PO Box 40917 Olympia, WA 98504-0917 Anne Sharar Department of Natural Resources PO Box 47001 Olympia, WA 98504-7001 Bill Wiebe Department of Transportation PO Box 47300 Olympia, WA 98504-7370 DATE: LAND USE NUMBER: July 30. 2004 LUA-04-084. ECF APPLICATION NAME: Best Available SCience Critical Areas Regulations lind Shoreline Master Program GMA Integration Proposal, Featuring New Stream. River, and Lake Regulations PROJECT DESCRiPTiON: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project ts to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection In the City of Renton context A summary of the proposal Is as follows: Refine City Comprehensive Plan policies as part of a "best available science review" in accordance with GMA, particulaMy the Environment Element along with other elements. Amend Renton's Critical Areas Regulations: o Based on a best available science review, amend the Renton Critical Areas Regulations to classify water bodies (streams and lakes), apply buffers based on water body class, allow for alterations subject to performance and mitigation standards, and provide for no-net-Ioss of ecological function. o Based on a best available science review, provide for appropriate amendments to improve or better document the wetland review process. o Based on a comparison wtth example regulations and review 01 currant studies, make limited amendments to aquifer protection, flood hazard, geologic hazard. habitat conservation, and critical area procedural regulations. Propose Renton Shoreline Master Program amendments to: o Integrate and make limited amendments to Shoreline and Comprehensive Plan policies. o Address Shoreline Use Environment text and map inconsistencies for the Black River and Cedar River at the Maplewood Golf Course and recognize current and planned uses. o Provide for shoreline protection regulations for regulated riverslstreamsllakes, including buffers, similar to the critical area streamllake regulations. As a result of the above, amend other interrelated regulations. including, but not limited to Land Clearing and Tree Cutting regulations. Title IV variance and permit procedures. as well as others. PROJECT LOCATION: City of Renton Corporate Umlt. OPTIONAl DETERMINATION OF NON-SIGNIFICANCE (DNS): As tho Load Agency. Ihe City 01 Renlon has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore. as permitted under the RCW 43.21 C., 10. the City of Renton Is using the Optional ONS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period followtng the issuance of the Threshold Determination of Non~Significance (ONS). A 14· day appeal period will follow the issuance of the ONS. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPUCATION: PennltaIRovlew Requested: July 15. 2004 July 19. 2004 Environmental (SEPA) Review Other PennitslApproval8 which may be required: Planning CommiSSion Recommendation, City Councll Legislative Action, State of Washington Department of Community, Trade and Economic Development, Coordination 01 State Agency Comments (GMA related items). Pugst Sound Regional Council Consultation and Consistency Review, State of Washington Department of Ecology Approval (Shoreline Master Program Amendments) Requested StudlesfExlstlng Studle~ or Environmental Documents: An environmental checklist has been prepared. Other background memos and studies related to the proposal include best available science analysis to establish streamlriverllake buffers and to review existing wetland regulations; a comparison/analysis of example codes and City aquifer protection. flood hazard. geologic hazard, habitat conservation, and critical area procedural regulations; and memos describing Comprehensive Pian and Shoreline policy amendments. Shoreline Use EnVironment mapltext amendments. and ~~'t1Ii)w.~~n amendments, .;, .... -:.~ KAMe "" -.... ~"' •....... iIY~ ", .: ~ ... "-.,,;S\ON Ej;:· .... )(>.. 'It. ; ~~ ~e...,.... 'rv';.\~ ~ " .. """ ".:t .... -T"'A ... L ~. , :: "::0 ~\}: ,... .... ~~. ~ PlanninglBulldlnglPubl1c Wor1ca DMslon Development Services Department • 1055 South Grady Way. Ronlon. WA 98055 Comments on the above application must be submitted In wr! ' Grady Way. Renton. WA 98055. by 5:00 PM on August tlng Development Services Division. 1055 South ~~5h7t50 beA made a party of record and receive addltlon!'n~~~!;tl~~~Uy ~vlel questions about this proposal. , nyone who submns written t wi a • contact Judy Wright .t (425) notified of any decision on this project. comman s II automatically become a party of record and will be CONTACT PERSON: Judy Wrlghl. lei: 425043D-6575 eml' Jwrlghl@cl renl ,. . on.wa.us PLEASE INCLUDE TliE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION If you would like to be made a party of record to rae . . . this fonn and return to: City of Renton, Development e~~:nf~~~e; ~n~~at~n on this proposed project, complete File NoJName: LUA04-Q84 I Crit' I A • 0, rady Way. Renton. WA 98055, lea reas Code Amendments 2004 NAME:~ ______________________________________________ __ ADDRESS:~~ __________________________________________ _ TELEPHONE NO,: ____________ _ ~ : Q '!~ ~ ... ~ .. ~ ~ . ., ~ • ,. PU ... ·\..,"-' : <:" : ". ... . 0 .. ,. CERTIFICATION ~d'I~... .'-" ~ Itt "1 .. •· •.. 6-29·0~ .. ·~~ : t, '~ ••••••••• J.., .... _- ff.. OF W/l-S'P ...... --""\'n~~"""''''''''I Dere-lL. j,.. ,/ ,'"'\ .... , , O. ~ , hereby certIfy that ~ copies of the above do~ument were posted by me in ~o conspicuous places on or nearby the descnbed property on ~ (.b(, t 0\ l ~0Ot-f . . , Signed~)u:L *~.-t~ ATTEST: SUbSCnbed~ me, a Notary Public in and for the St/te;f ~. ~---, W""hiogton<esiding ,onthe ~ iA day OfO<:t;(A , ~ ~ . . MARl!.: KAMCHEFF MY APPOINTMENT EXPIRES 6-29-07 ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations PROJECT NUMBER: LUA04-084, ECF LOCATION: Citywide DESCRIPTION: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project Is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 PM September 1-, 2004. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING DATE WILL BE SET AND ALL PARTIES NOTIFIED. THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA04-084, ECF APPLICANT: City of Renton PROJECT NAME: Critical Areas Code Amendments 2004 DESCRIPTION OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shore line Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. LOCATION OF PROPOSAL: LEAD AGENCY: Citywide City of Renton Department of Planning/Building/Public Works Development Planning Section This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 PM September 7, 2004. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: August 23, 2004 August 17,2004 A}ida/itt! -fIJI Gle,,~ Z,W1njN'n1tM Gregg Zimmerman, Administrator I Department of Plannin uilding/P blic Works eeheeiei,Fiie Chief Renton Fire Department To: Gregg Zimmerman, Planning/Building/Public Works Administrator Dennis Culp, Community Services Administrator Lee Wheeler, Fire Chief From: Jennifer Henning, Development Planning Agenda listed below. Critical Areas Code Amendments 2004 (Lind) LUA04-084, ECF The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shore line Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. cc: K. Keolker-Wheeler, Mayor J. Covington, Chief Administrative Officer A. Pietsch, EDNSP Administrator ® B. Wolters, EDNSP Director ® J. Gray, Fire Prevention N. Watts, P/B/PW Development Services Director ® F. Kaufman, Hearing Examiner S. Engler, Fire Prevention ® J. Medzegian, Council S. Meyer, PIB/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney ® ., , 1 STAFF REPORT A. BACKGROUND ERC MEETING DATE: Project Name: Project Number: Project Manager: e City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE August 17, 2004 City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations LUA-04-0B4, ECF City contact -Judy Wright (425-430-6575); Alternative City Contact -Rebecca Lind (425-430-6588) Project Description: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. Specific objectives are to: • Refine City Comprehensive Plan policies in light of Best Available Science particularly the Environment Element. • Provide a best available science literature review addressing streams/rivers, and lakes, and based upon the literature review develop buffer requirements. The review program includes recommendations to amend the Renton Critical Areas Regulations to classify water bodies, apply buffers, and provide for no- net-loss of ecological function. • Document a best available science review of the City's wetland regulations, and provide for appropriate amendments to improve or better document the wetland review process. • Compare the City's aquifer protection, flood hazard, geologic hazard, and habitat conservation regulations against the State of Washington Department of Community, Trade, and Economic Development Example Critical Areas Code and propose amendments as appropriate. • Propose limited Shoreline Master Program amendments to integrate Shoreline and Comprehensive Plan pOlicies, address text and map inconsistencies, and provide for shoreline protection regulations. These limited amendments would apply in the interim until full Shoreline Master Program Update is accomplished in accordance with the new SMA schedule (2009 for the City of Renton): o Integrate Shoreline Master Program Goals and Policies into the City Comprehensive Plan, essentially intact. Limited policy amendments are proposed to address use priorities ofRCW 90.58.020 (differentiate between Shorelines of Statewide Significance and all other Shorelines of the State that are found in the City). o Amend Use Environments Map for the Black River and Cedar River at the Maplewood Golf Course to address Shoreline Master Program text/map conflicts and an unclassified annexed area. Field review and analysis were conducted for the limited map amendments. For these areas regulations would be applied consistent with environmental limitations and existing uses. o Address shoreline protection regulations, including buffers, in the Shoreline Master Program to provide for equivalent protection per State legislation (ESHB 1933), while responding to use priorities ofRCW 90.58.020. Project Location: Would apply citywide. Exist. Bldg. Area gs(: non-applicable Site Area: non-applicable B. RECOMMENDATION City of Renton PIBIPW Department C of Renton BAS Critical Areas REPORT AND DECISION OF AUGUST 17, 2004 &SMP GMA ration Enviro~tal Review Committee Staff Report . . LUA-04-084 ECF Page20/4 Based on analysis of probable impacts from the proposal, staff recommend that the Responsible Officials make the following Environmental Determination: x DETERMINATION OF NON-SIGNIFICANCE Issue DNS with 14 day Appeal Period. C. MITIGATION MEASURES None proposed. See Section D. Advisory Notes to Applicant: DETERMINATION OF NON -SIGNIFICANCE -MITIGATED. Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period followed by a 14 day Appeal Period. The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations Non-applicable. D. ENVIRONMENTAL IMPACTS In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. Has the applicant adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development? The proposal adds stream regulations expanding the buffer width from 25 feet in most instances to 35 to 100 feet depending on water class; it enhances the coordination of the Shoreline Master Program and Comprehensive Plan; it makes minor adjustments to other critical areas such as addressing volcanic hazards; and it modifies review procedures generally. The proposal is a non-project action. The proposal has been developed by the City. No mitigation measures are proposed. The proposal includes several features intended to balance environmental protection with the varying environmental conditions -urban, suburban, natural -found in the City. Buffer widths vary by classification based on the quality of the critical area. Addressing the variable environmental conditions and need to allow reasonable use of property are the following measures: • Existing development would be recognized, and in cases where the buffers are largely developed, they would be treated as setbacks; • Density credits in buffers (same development potential, clustered away from critical area); • Buffer reductions where enhancement or other mitigation is included; some would be allowed administratively provided criteria are met; further reductions allowed by variance; • Buffer averaging provided enhancement or other mitigation is included: averaging the total area required with the reduced areas up to ,half of standard width; further reductions allowed by variance. • On and off-site mitigation allowed where buffer reductions, buffer averaging, or impacts to critical area are identified; and ' • Modifications and variances. City of Renton PIBIPW Department of Renton BAS Critical Areas & SMP GMA Into/,r,;,tinn EnViro.tal Review Committee Staff Report LUA-04-084 ECF REPORT AND DECISION OF AUGUST 17, 2004 Page30f4 The chart below summarizes the environmental analysis in the SEPA Checklist associated with the DNS. Topic Summary Analysis Earth Future site-specific development would be subject to environmental review as appropriate. The proposal will provide a means to mitigate the impacts of future site-specific development. The regulations maintain development precautions in areas of geologic hazards. Minor improvements to the City's geologic hazard regulations are proposed: • Additional review criteria are proposed to ensure development is safely accommodated . • The proposed regulations would newly address volcanic hazards and require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green River Inundation Area as mapped by the USGS to demonstrate adequate engineering standards regarding volcanic hazard risks and prepare an evacuation and emergency management plan. Air Quality Not applicable to this non-proiect action. Water The proposal will provide a means to mitigate the impacts of future site-specific development. The proposal adds new stream, river, and lake regulations, including amendments to classify water bodies, protect streams and lakes with buffers, and provide for no-net-Ioss of streamJIake ecological.function. The regulations maintain development precautions in aquifer protection areas. Amendments include minor modifications to improve or better document the City's decision-making process with respect to wetland protection as site-SI!ecific develcmments are reviewed .. Plants/Animals The proposal will increase protection of aquatic life, particularly salmonids with new stream, lake and river buffers and related standards. The proposal will continue habitat conservation regulations, which may be used to mitigate the impacts of future site-specific development. The City deSignates habitat conservation areas, primarily by referencing State and Federal designated endangered, threatened, sensitive, and priority species. It requires a habitat assessment report and includes general performance standards that require impact avoidance/sequencing and mitigation. It allows for State and Federal Agency input. The City may condition proposals that impact habitat conservation areas. Energy Not applicable to this non-project action. Environmental Health Not applicable to this non-project action. Noise Not applicable to this non-project action. Land Use The pLirpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the context of the City of Renton environmental and planning conditions. The non-project proposal would increase the compatibility of the City's plans and regulations with State planning requirements. It would allow for mitigation of future site-specific land use proposals with the potential to impact critical areas and shoreline ecological functions. Housing At a programmatic level the development regulations would affect how development occurs. Existing residential development can continue. New residential development is generally required to be clustered away·from the critical area and any required buffer. Regulations would continue the City's practice of excluding critical area buffers from net density calculations, which means density in buffers is "credited" for a development and density would not necessarily be limited by the buffer regulations. Future site- specific development would be sublect to environmental review as appropriate. Aesthetics/Light and Not applicable to this non-project action. Glare Recreation The proposal will facilitate shoreline permitting for some City park and recreation facilities by addressing the City's golf course and parks in the SMP Use Environment Map, rather than relying on the King County SMP. It will allow for consideration of appropriate levels of passive and activity recreation in the Use Environment regulations. Historic/Cultural The proposal continues and cross-references historic and cultural preservation policies as part of the integration of Renton SMP and Comprehensive Plan Policies. Transportation Proposed stream and shoreline regulations address road and utility crossings and criteria intended to allow for needed public infrastructure while promoting non-net-Ioss of ecological function. These measures are intended to address the environmental impacts of future development and infrastructure proposals. Public Services/Utilities Not applicable to this non-project action. (Also see Transportation.) Also as part of the environmental review record, the ERC reviewed a discussion of buildable lands capacity in relation to the stream regulations. Stream buffers are proposed to be increa~ed, but the .incre<;lsed buffers are not antiCipated to significantly affect the City's existing land use plans and population allocations. The City has SUbstantial growth capacity above its targets, and the City's net density approach credits densities in stream buffers. The City's zoning districts, particularly multifamily, commercial, industrial and mixed use districts, offer flexibility in building heights, CAO_ERC_Aug17 Jdoc City of Renton PIBIPW Department of Renton BAS Critical Areas & SMP GMA ration EnViro.tal Review Committee Staff Report . LUA-04-084 ECF REPORT AND DECISION OF AUGUST 17, 2004 Page4of4 setbacks, lot sizes, densities, etc. to accommodate substantial development. Last, the proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. The analysis is contained in the project file. Also considered in the issuance of the threshold determination were several documents produced as part of developing the non-project action: • "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration," Jones & Stokes, July 13, 2004. • Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27,2003. • Stream/lake classification results are included in the 2003 draft Renton Water Class Map prepared by AC Kindig & Company and Cedarock, in conjunction with Renton Neighborhoods & Strategic Planning staff. • "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13, 2004. • "Proposed Renton Shoreline Master Program Use Environment Amendments," Jones & Stokes, March 8, 2004. • "Transmittal of Parametrix Review of Wetlands Regulations," Jones & Stokes, July 13, 2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004. • "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," Jones & Stokes, July 13, 2004. • "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004. Includes proposed code amendments. Includes example sites and how proposed stream regulations would apply. Each of these documents is available under separate cover from the Renton Economic DevelopmenVNeighborhoods/Strategic Planning Department, as well as the City of Renton website (www.ci.renton.wa.us/. under the Department name). E. COMMENTS OF REVIEWING DEPARTMENTS The proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. -1L-Copies of a/l Review Comments are contained in the Official File. __ Copies of a/l Review Comments are attached to this report. ERC considered public comments made during the comment period for the Notice of Application and Proposed' Determination of Non-significance (DNS), and are part of the Official File. The comment period began July 19, 2004 and concluded on August 9,2004, and included a one-week extension of the comment period to allow additional opportunity for public comment. The public review process for the ordinance is continuing with the Planning Commission and the City Council. Parties of record are on a mailing list to be notified of upcoming public hearings. The public may also contact the Renton Economic DevelopmenVNeighborhoods/Strategic Planning Department, or view the City of Renton website (www.ci.renton.wa.us/. under the Department name) for upcoming meetings. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM September 7,2004. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425}-430-6510. Effect of Proposed Stream Regulations on the City's Buildable Lands Analysis August 12, 2004 Overview Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the City's existing land use plans and population allocations. The City has substantial growth capacity above its targets, and the City's net density approach credits densities in stream buffers. The City's zoning districts, particularly multifamily, commercial, industrial and mixed use districts, offer flexibility in building heights, setbacks, lot sizes, densities, etc. to accommodate SUbstantial development. Last, the proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. Buildable Lands Analysis Summary • The City's buildable lands analysis in 2002 indicated a Citywide capacity for 10,620 housing units based on its Comprehensive Plan land use scheme, not including the new Urban Center zone adopted in 2003 which allows for an additional range of 4,048 to 5,125 dwellings through the year 2030. This is 71 % to 154% above the City's assigned 2022 dwelling target of 6,198 units. The buildable lands calculations assumed reductions for critical areas (steep slopes and wetlands). • The City's buildable lands analysis in 2002 indicated an employment capacity Citywide for 32,205 jobs, not including the new Urban Center zone employment allowing potentially between 2,300 to 41,400 additional jobs. This is 17% to 166% above the City's assigned 2022 employment target of 27,597 jobs. The buildable lands calculations addressed reductions for critical areas as noted above. • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development may need to cluster onsite. However, City regulations for the commercial, office, and industrial zones allow substantial heights and minimal setbacks, which should allow flexibility in arranging developments 1. For residential developments, it is important to note that in accordance with net density defintions buffers are not subtracted from net density calculations, meaning unit potential within the buffers remains for each site allowed residential uses, and units may be clustered onsite. For example the maximum density in the COR 1/2 zone without bonuses is 25 units per net acre, and bonus densities are also possible. The number of units would be determined by calculating densities on all buildable areas and buffers, but not critical areas themselves such as in-water or in-wetland areas. The COR standards do not prescribe a minimum 1 For example, the following mixed use, industrial, and commercial zone summaries give a sampling of flexible standards: • The COR zone allows up to 125 foot building heights, a 10 foot front yard, no standard rear or side yards, and no minimum lot sizes. • Features of the Industrial zones that allow for flexibility include: no minimum lot depth, no lot coverage standards, no minimum side or rear yards unless abutting residential zones, 50 foot building heights in the IL zone with the ability to request conditional use permits for greater heights, and no building height limits in the 1M and IH zones. • The CA zone has the following features: 50 foot height limit with ability to request additional height with conditional use permits; no minimum lot sizes or minimum lot widths; front yard setbacks of 10 feet; and no minimum rear or side yard widths for properties that do not abut residential zones. August 11,2004 Page 1 of 3 lot size, width, or depth. Building heights, densities, and use allowances would accommodate a variety of structures including multi-storey attached units. Since the 2002 buildable lands analysis made reductions for wetlands and steep slopes, but not streams outside of wetlands, City staff prepared stream and buildable lands information for ERC consideration. The general approach was to 1) determine the area of the stream corridors, 2) calculate the ratio of developed versus undeveloped and redevelopable properties in the City's buildable lands analysis for single family zones; 3) determine the net acres of buildable parcels affected by stream corridors; and 4) determine the change in the number of possible units. Multifamily zones, commercial zones, and mixed use zones were not included in this analysis. Densities assumed in the buildable lands analysis for these zones were based on recent achieved or prototype densities rather than the maximum densities allowed which is conservative. Also, these zones allow greater height to express the density/intensity potential. The table below identifies the outcome of discounting streams in the buildable lands analysis.2 Stream Reductions -Single Family Buildable Lands R-5 Linear Feet of Stream R-5 Area R-8 Linear Feet of Stream R-8 Area R-10 Linear Feet of Stream R-10 Area Total Reduct. meters ft. class meters ft. class meters ft. class 98.09 321.84 4 643.68 168.47 552.75 1 16,582.42 71.33 234.02 3 1,170.10 288.66 947.10 1 28,412.96 1,11.71 366.53 4 733.05 216.72 711.06 1 21,331.78 47.56 156.05 4 312.10 56.37 184.94 1 5,548.12 438.34 1438.19 1 43,145.83 16.52 54.19 2 1,625.83 34.37 112.75 2 3,382.55 57.33 188.09 2 5,642.67 17.87 58.63 2 1,758.89 78.40 257.24 2 7,717.16 40.06 131.44 2 3,943.25 75.04 246.19 3 1,230.96 141.90 465.59 3 2,327.94 58.48 191.89 3 959.44 30.65 100.55 3 502.76 59.16 194.12 3 970.59 88.14 289.20 3 1,445.99 57.16 187.55 3 937.76 138.80 455.41 3 2,277.05 22.95 75.30 3 376.50 22.00 72.19 4 144.38 44.72 146.73 4 293.47 25.01 82.07 4 164.13 12.80 41.99 4 83.98 186.36 611.46 4 1,222.93 45.15 148.13 4 296.25 77.15 253.12 4 506.23 2 The City's buildable lands analysis removed critical areas, but not buffers as these are credited for density, and in nonresidential zones, flexibility in heights and other development standards allow development potential to be expressed. August 11, 2004 Page 2 of3 R-5 Linear Feet of Stream R-5 Area R-8 Linear Feet of Stream R-8 Area R-10 Linear Feet of Stream R-10 Area Total Reduct. meters ft. class meters ft. class meters ft. class 8.72 28.60 4 57.20 94.84 311.17 4 622.34 SF 643.68 153,511.33 2,215.26 Acres 0.01 3.52 0.05 Unit Reduction 6 dulac 0.09 6.7 dulac 23.61 9.53 dulac 0.48 Notes: Stream area deducted from buildable lands considered in September 2002 King County Buildable Lands Report. Stream buffers are credited for densities in the net density definition, and are not deducted. R-1, No stream removals per City GIS. R-14, not estimated; not likely to have further reductions, and streams are not mapped. Multifamily, Commercial, Industrial, and Mixed Use zones, not estimated since there are greater heights allowed and since dwellings (where allowed) were not calculated at maximum densities in the buildable lands model. Stream width assumptions: Class 1, 30 feet, measurement of Cedar River at Maple Valley Road at the R-S zone, per King County I-Map. May Creek at R-S along 1-405 is less wide, but 30' used for conservative estimate. Class 2, 30 feet, measurement at Honey Creek Estates II plat, although that includes associated weUands, and is likely conservative. Class 3, estimated 5 feet wide. Class 4, estimated 2 feet wide, from sample development site on SE 12Sth, an upstream segment of Maplewood Creek. Given the City's substantial growth capacity above targets and the City's net density approach, the general conclusions above did not substantially change as a result of the stream and buildable lands review. References City of Renton. July 8, 2003. Boeing Renton Comprehensive Plan Amendment Draft EIS. King County. September 2002. King County Buildable Lands Evaluation Report. August 11,2004 Page 3 of3 24.19 City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration LUA-04-084, ECF Citizen Comments and Responses: August I ~ 2004 Table of Contents Summary Table of Comments and Responses ............................................................................ 2 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses ............................................................................................................................... 7 Comments by James C. Hanken on behalf of JH Baxter and Potential Responses .................. 11 Comments by Richard Gumpert, Independent Development Company, and Potential Responses ............................................................................................................................. 14 Comments by Seattle Audubon Society and Potential Responses ............................................ 20 Renton Shoreline Master Program Definitions of Water OrientedINon-Water Oriented Uses .......................................................................... 22 Summary Table of Comments and Responses The following chart summarizes comments and responses that are more fully described later in this document. All comments are a part of the project file and were considered by the Environmental Review Committee (ERC). The comments will be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline Master Program, which governs Lake Washington, are further subject to State Department of Ecology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. Commenter Summary of Concerns Summary Responses Davis Wright Tremaine for Barbee • Proposed regulations appear to • Stream buffers are proposed to be Mill, August 2, 2004 have significant adverse impacts increased, but the increased on existing land use plans and buffers are not anticipated to population allocations, significantly affect the City's recreational and development existing land use plans and opportunities, and private use and population allocations. The City enjoyment of the waterfront. has substantial growth capacity • Traffic and pollution associated above its targets. with concentrating densities • The City's zoning districts offer elsewhere within the City to flexibility in building heights, offset the elimination of buildable setbacks, lot sizes, densities, etc. lands under the proposed In addition, the proposed stream amendments have not been regulations allow for disclosed or considered. administrative buffer reductions, • The proposed revisions appear to administrative buffer averaging, and modifications or variances for force a few private landowners to reductions! averaging below the bear burdens for the public administrative levels provided benefit but should be borne by the there is no-riet-Ioss of stream public as a whole. The proposed ecological function. Some of the minimum buffer standards have reduced buffer widths allowed significant adverse impacts on the administratively are comparable ability to develop land translating to current shoreline setbacks and into impacts on economics and stream buffers in current land use more generally. regulations. • The City'S net density calculation, which retains the dwelling unit potential for critical area buffers, is an "onsite" calculation and is not transferable to other sites. • The regulation amendments are intended to meet the goals and 2 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses purposes of the State Growth Management Act (GMA) to consider best available science in regulations and policies, to provide for Shoreline Management Act use priorities as part of the public trust, as well as to meet other GMA and City goals for management of growth. Flexibility in terms of administrative buffer reductions, averaging, and modifications or variances are a part of the regulations to provide for reasonable use of property. The ordinance as a whole, both standard buffers and requirements and provisions for flexibility, have been considered in the City's environmental review. • SEPA focuses on environmental impacts. Fiscal and economic impacts, while they may be important to consider as part of the planning process, are not a required SEPA topic (WAC 197- 11-752,197-11-444, and WAC 197-11-450). James C. Hanken for JH Baxter, • The determination of • See Davis Wright Tremaine August 9, 2004 environmental impacts must response above regarding zoning accommodate the urban and flexibility and stream regulation industrial nature of many of these flexibility. properties that have current • The regulations recognize that environmental issues such as hazardous cleanup requirements. landfill and dredging and stream Saddling these properties with alteration may be required to further economic constraints such accomplish site remediation in as proposed may well defeat the urban shoreline (Class 1 urban positive environmental objectives shorelines). These activities can the City wishes to advance. No occur in the water body and evaluation or study as to the effect buffer area according to the of such regulation on the proposed regulations subject to a economic viability of such streamllake study and mitigation remediation efforts have been plan, as well as compliance with included or considered in this Shoreline Master Program criteria process, which makes the for these activities. proposal under consideration • See Davis Wright Tremaine fatally flawed. response that SEP A focuses on environmental impacts, rather than fiscal and economic impacts. 3 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses Richard Gumpert, Independent • Density of development within • The CA zone provides flexible Development Company, August 9, certain urbanized growth areas is development standards. See 2004 a critical issue and a major policy Davis Wright Tremaine response objective of the GMA and above regarding stream regulation Comprehensi ve Plan. The need flexibility. for services as contemplated by the CA zoning remains material, • The regulation amendments are and the location of such intended to meet the goals and development at the intersection of purposes of the State Growth two prime arterials serves Management Act (GMA) to important traffic and other policy consider best available science in concerns. Reduced density, and regulations and policies, to thereby the reduced services to be provide for Shoreline provided at my Property by virtue Management Act use priorities as of an expansion of the buffer from part of the public trust, as well as Springbrook Creek, has not been to meet other GMA and City given adequate consideration in goals for management of growth. the draft ordinance. The benefit Flexibility in terms of to the shoreline of an imposition administrative buffer reductions of an additional buffer given the administrative buffer averaging: current state of the land, pales and modifications or variances for with the other objectives of the reductions/averaging below the GMA and Comprehensive Plan administrative levels are a part of including, without limitation, the regulations to provide for density and the utilization of the reasonable use of property. stock of CA zoned land for the • The proposed regulations allow creation of livable-wage jobs. for already developed stream • By complying with these various buffers to maintain impervious conditions, including using my surfaces (buffers would function private property for a public-as setbacks in this case). For access trail and natural vegetated developments on shorelines with buffer, this Property is vested and partially developed or natural my company should not be buffers, development would need required to dedicate more land as to cluster onsite. a buffer. A landowner who fully • Based on discussions with the complies with and has satisfied all City Attorney, new materially the conditions imposed by the City should not be subject to new complete permit applications vest ~ conditions. to the regulations in place at the time of application. Recent case • I did not perceive any significant law has affirmed this strict scientific information, new or definition of vesting. If a previously existing, that supports materially complete application is the imposition of an additional received by the City prior to the buffer at the Property under the adoption of the proposed current situation. As such, any regulations (expected by the end ordinance that serves to impose of 2004), that application would an additional setback at the be vested to the regulations in Property is too broad in its place at the time of application, application and should be deemed i.e. the current Shoreline Master inappropriate given the other Program and Critical Areas policy objectives and the Regulations and other City Constitutional rights of private development regulations. landowners. • An alternative approach could be 4 ReVIew Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses • The regulation of this specific a development agreement. The Property by the draft ordinance is agreement has to be consistent not fair, disproportionately with the City's development burdensome and inconsequential regulations, meaning one would in furtherance of any legitimate need to put an agreement together objectives. It is tantamount to a hefore the new rules go into taking by regulation without effect. It would require a public legitimate public justification. hearing. The ordinance should be carefully drafted to promote its ends and not disproportionately impact private rights without reason. Seattle Audubon Society, August 9, The commenter supports the • Surety Mechanisms - 2004 following provisions: Performance Criteria: Mitigation • Regulations protect critical areas plan contents are defined in 4-8- meeting definitions/criteria, even 120.D. For example the wetland if unmapped mitigation plan requirements • Conservation easements or other include establishing goals and mechanisms for native growth objectives, preparing a monitoring areas program, and a contingency plan. • Priorities for mitigation -avoid; • Habitat Assessment Evaluation - Citywide. The use of State PHS minimize, and compensate data will help the City define • Peer review of habitat blocks of habitat, including those assessments at City's discretion, that provide connections, such as particularly for controversial the PHS program category of development cases. "urban natural open space." Also, -the City's proposed Environment Recommendations for changes to the Element amendments include a proposed regulations, or policy regarding adaptive recommended studies: management. • Surety mechanisms for wetland mitigation plans -agree but • Tree Cutting and Land Clearing recommend a list of performance Purpose to Protect Habitat. criteria. Because the primary citywide • Habitat assessment requirements regulation addressing streams is currently found in this ordinance, -agree. Suggest that the City but is proposed to be conduct an overall health habitat substantively amended and assessment, particularly looking contained in the critical areas at corridors and areas of regulations, and because the tree interconnection. cuttinglland clearing regulations • Tree Cutting and Land Clearing cross reference rather than repeat Ordinance keep purpose critical area and habitat statement to preserve wildlife conservation regulations, the habitat and other important areas purpose statement was proposed rather than delete. Leave it in to to be amended. draw attention to the importance • Hazard Trees -Criteria or List of of trees as a major component of Arborists. The City wishes to habitat. provide some consistency in its • Tree Cutting and Land Clearing review of hazard trees, and has Ordinance -Exemption for proposed a definition as follows: Hazard Trees. City should clearly "[a]ny tree or tree part that poses 5 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses establish criteria and/or establish a high risk of damage to persons a list of reputable arborist to or property as certified by a ensure such trees meet the qualified arborist and accepted by definition of "hazard" so that the the City." label is not misused and becomes • Tree Cutting and Land Clearing an excuse for easy tree removal. Ordinance -Land Development • The Tree Cutting and Land Permits Criteria for Tree Cutting. Clearing Ordinance includes The focus of the City's regulation performance standards for land amendments proposal is related to developmentlbuilding permits. critical areas. The City has the The criteria for tree cutting is ability to protect designated incomplete and contains critical habitat through its critical loopholes. area regulations. Outside of critical areas, the tree cutting and land clearing regulations ensure that there is no indiscriminate tree removal. All proposals are required to meet the general st~ndard that "trees shall be maintained to the maximum extent feasible on the property where they are growing ... " and the City has the ability to condition plans. 6 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Summary -August 4 2004 Comments by Oavis Wrigllt Tremaine on bellalf of Barbee Mill Company and Potential Responses Comment 1. The City's proposed DNS fails to adequately consider the magnitude of potential significant adverse impacts associated with the proposed revisions to the City's Comprehensive Plan and Critical Area regulations. Projects ultimately designed to benefit the environment may need to undergo SEPA review and SEPA recognizes this (WAC 197- 11-330(5». Specifically, the proposed revisions appear to have significant adverse impacts on existing land use plans and population allocations, recreational and development opportunities, and private use and enjoyment of the waterfront. For example, the amendments reduce the availability of buildable lands on privately owned waterfront property, resulting in a shift of densities elsewhere (outside of the critical areas). The reduction of buildable lands may conflict with the City's Comprehensive Plan, and this is apparently ignored in the City's documents. The proposed regulations retain critical area restrictionslbuffers for certain geologic hazards imd wetlands. In developing the new stream buffer regulations it is important to note that the City considered the effect of the new stream regulations on example sites. (See "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004, updated from memos with similar information in 2003 and Spring 2004.) These were listed as supporting documents in the SEPA checklist. Buildable Lands. Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the City's existing land use plans and population allocations. The City has substantial growth capacity above its targets, and the City's net density approach credits densities in stream buffers. The City's zoning districts, particularly mixed use districts as applied to the Barbee Mill property, offer flexibility in building heights, setbacks, lot sizes, densities, etc. to accommodate substantial development. Last, the proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of streaIIl ecological function. • The City's buildable lands analysis in 2002 indicated a Citywide capacity for 10,620 housing units based on its Comprehensive Plan land use scheme, not including the new Urban Center zone adopted in 2003 which allows for an additional range of 4,048 to 5,125 dwellings through the year 2030. This is 71 % to 154% above the City'S assigned 2022 dwelling target of 6,198 units. The buildable lands calculations assumed reductions for critical areas (steep slopes and wetlands). • The City's buildable lands analysis in 2002 indicated an employment capacity Citywide for 32,205 jobs, not including the new Urban Center zone employment allowing potentially between 2,300 to 41,400 additional jobs. This is 17% to 166% above the City's assigned 2022 employment target of 27,597 jobs. The buildable lands calculations addressed reductions for critical areas as noted above. 7 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development may need to cluster onsite. However, City regulations for the commercial, office, and industrial zones allow substantial heights and minimal setbacks, which should allow flexibility in arranging developments (e.g. COR zone for the Barbee Mill property allows up to 125 foot building heights, a 10 foot front yard, no standard rear or side yards, and no minimum lot sizes). For residential developments, it is important to note that, per the City's net density definition, buffers are not subtracted from net density calculations, meaning unit potential within the buffers remains for each site allowed residential uses, and units may be clustered onsite (see response to Comment 2). For example the maximum density in the COR 112 zone without bonuses is 25 units per net acre, and the ability to achieve bonus densities is not cumbersome. The number of units would be determined by calculating densities on all buildable areas and buffers, but not critical areas themselves such as in-water or in-wetland areas. The COR standards do not prescribe a minimum lot size, width, or depth. Building heights, densities, and use allowances would accommodate a variety of structures including multi-storey attached units. • The proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. This is intended to provide for a variety of site conditions where standard buffers cannot be met. Some of the reduced buffer widths allowed administratively are comparable to current shoreline setbacks and stream buffers in current regulations. For example water-oriented uses (generally mixed use developments or other developments that incorporate significant public access, visual or physical, similar to that expressly promoted in the COR zone applicable to the Barbee Mill property) may be approved with a buffer of 50 feet comparable to the current commercial setback along Shorelines of the State. Since the 2002 buildable lands analysis made reductions for wetlands and steep slopes, but not streams outside of wetlands, City staff prepared stream and buildable lands information for City Environmental Review Committee consideration. The general approach was to 1) determine the area of the stream corridors, 2) calculate the ratio of developed versus undeveloped and redevelopable properties in the City's buildable lands analysis for single family zones; 3) determine the net acres of buildable parcels affected by stream corridors; and 4) determine the change in the number of possible units. It is estimated there would be a 24 unit reduction by removing streams from single family buildable land acres, which does not alter the conclusions above. Multifamily zones, commercial zones, and mixed use zones were not included in this analysis. Densities assumed in the buildable lands analysis for these zones were based on recent achieved or prototype densities rather than the maximum densities allowed which is conservative. Also, these zones allow greater height to express the density/intensity potential. Recreation. Proposed stream regulations address recreation. Trails are possible exemptions in Class 2 to 4 buffers if exemption criteria are met. Other recreation uses would be subject to the same critical area stream regulations as other public or private property development. For Class 1 shorelines, where the State Shoreline Management Act (SMA) does not permit exemptions to regulations, the proposed regulations do address public access, a shoreline priority use. Buffer 8 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF reductions for public access are possible due to the need for a shoreline location. Also based on the SMA use preferences, water-oriented uses (that incorporate significant public access, visual or physical as described above) may be granted greater buffer reductions subject to criteria. Private Development. See Response to Comment 3. Comment 2. Traffic and pollution associated with concentrating densities elsewhere within the City to offset the elimination of buildable lands under the proposed amendments have not been disclosed or considered. The City's net density definition/calculation, which retains the dwelling unit potential for critical area buffers, is an "on site" calculation and is not transferable to other sites. The City's flexible development standards in terms of lot widths, setbacks, size, coverage, etc. are intended to allow for flexibility onsite, such as where critical areas are present. Also, the regulations allow for administrative buffer reductions and administrative buffer averaging to address differing site conditions. Last modifications or variances for reductions/averaging below the administrative levels are possible. The City has conducted environmental review of its overall land use plan and annual amendments as appropriate, including traffic and associated impacts. For example a thorough review of City development capacity with· the Boeing redevelopment plans and Urban Center zones was conducted in 2003. The City's analyses address a range of future development scenarios consistent with the City's planning efforts. See Comment 1 for related buildable land information. Comment 3. The proposed revisions appear to force a few private landowners to bear burdens for the public benefit but should be borne by the public as a whole. The proposed minimum buffer standards have significant adverse impacts on the ability to develop land translating into impacts on economics and land use more generally. The City's "reasonable use exceptions" retain certain baselines under which development may not occur even if there are no adverse impacts regardless of best available science. See responses to Comments 1 and 2. The regulation amendments are intended to meet the goals and purposes of the State Growth Management Act (GMA) to consider best available science in regulations and policies, to provide for Shoreline Management Act use priorities as part of the public trust, as well as to meet other GMA and City goals for management of growth. Flexibility in terms of administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels are a part of the regulations to provide for reasonable use of property. The ordinance as a whole, both standard buffers and requirements and provisions for flexibility, have been considered in the City's environmental review. It should be noted that SEP A focuses on environmental impacts. Fiscal and economic impacts, while they may be important to consider as part of the planning process, are not a required SEPA topic (WAC 197-11-752, 197-11-444, and WAC 197-11-450). 9 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Public Process -Advisory Note All comments are a part of the project file and were considered by the Environmental Review Committee (ERC). The public review process for the ordinance is continuing with the Planning Commission and the City Council. These comments will also be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline Master Program, which governs Lake Washington, are further subject to State Department of Ecology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. 10 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Summary -August 9, 2004 Comments by James C. Hanken on belJalf of JH Baxter and Potential Responses Comment 1. Support for Comments made on behalf of Barbee Mill Company by their counsel, Traci Shalbetter. See responses to comments "Summary -August 2, 2004 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses" above. Comment 2. The determination of environmental impacts must accommodate the urban and industrial nature of many of these properties that have current environmental issues such as hazardous cleanup requirements. These require substantial economic investment to achieve that objective. Saddling these properties with further economic constraints such as proposed may well defeat the positive environmental objectives the City wishes to advance. No evaluation or study as to the effect of such regulation on the economic viability of such remediation efforts have been included or considered in this process, which makes the proposal under consideration fatally flawed. The properties that are zoned industrial or COR need to have significant evaluation as to the impact of such regulation whose adoption may prevent a greater environmental benefit that may accrue from the conversion of such properties to uses less environmentally challenging than current industrial uses. The City's zoning districts, particularly the COR district as applied to the Baxter property, offer flexibility in building heights, setbacks, lot sizes, densities, etc. to accommodate substantial development, particularly appropriate when there are environmental constraints. Features of the COR zone that result in flexibility include: range of densities with the potential for density bonuses, 125 foot building heights, a 10 foot front yard, no standard rear or side yards, and no minimum lot size or width. Features of the Industrial zones that allow for flexibility include: no minimum lot depth, no lot coverage standards, no minimum side or rear yards unless abutting residential zones, 50 foot building heights in the IL zone with the ability to request conditional use permits for greater heights, and no building height limits in the IM and ill zones. The proposed shoreline buffer regulations would apply a standard buffer of 100 feet and require preparation of stream studies. The proposed ordinance drafted to date includes the following measures to provide for flexibility to recognize differing site conditions: • Density is credited in shoreline buffers. See responses to comments "Summary -August 2, 2004 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses" above. • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development would need to cluster onsite. 11 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF • If buffer averaging onsite is proposed the buffer may decrease to 50 feet, provided it is "made up" elsewhere on site. • The proposed ordinance allows for reduced buffers if there is buffer enhancement or off-site mitigation if an enhanced buffer is not possible. For non-water oriented uses as defined in the Shoreline Master Program, the maximum proposed reduction to be achieved through administrative review is to 75 feet. Currently the proposed regulations structure the Class 1 buffer reductions based on Shoreline Management Act priority uses. Some of the reduced buffer widths allowed administratively are comparable tO,current shoreline setbacks and stream buffers in current regulations. For example water-oriented uses (generally mixed use developments or other developments that incorporate significant public access, visual or physical, similar to that expressly promoted in the COR zone applicable to the Baxter property) may be approved with a buffer of 50 feet comparable to the current commercial setback along Shorelines of the State. Water dependent development, including water dependent industries, can have as little as 0 foot setbacks. • The proposed regulations allow specific requests for buffer reductions for necessary roads and utilities, as well as for public access, subject to criteria. • The regulations recognize that landfill and dredging and stream alteration may be required to accomplish site remediation on urban shorelines (Class 1 urban shorelines). These activities can occur in the water body and buffer area according to the proposed regulations. Applicants for such activities would need to submit a stream/lake study and mitigation plan, as well as comply with Shoreline Master Program criteria for these activities .. It should be noted that SEP A focuses on environmental impacts. Fiscal and economic impacts, while they may be important to consider as part of the planning process, are not a required SEPA topic (WAC 197-11-752, 197-11-444, and WAC 197-11-450). Comment 3. Urge consideration of same comments in opposition to DNS posed by Barbee Mill, as well as comments here regarding the failure to evaluate the negative aspects of the . proposed regulations on the potential for clean up of industrial sites. Absence of a full environmental impact determination is a fatal defect. See responses to comments "Summary -August 2, 2004 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses" above. Regarding clean up of sites, please note the flexibility of zoning regulations and proposed stream regulations identified under Comment 2. The regulations allow for clean up of hazardous materials as noted above under Comment 2. Public Process -Advisory Note All comments are a part of the project file and were considered by the Environmental Review Committee (ERC). 12 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF The public review process for the ordinance is continuing with the Planning Commission and the City Council. These comments will be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline . Master Program, which governs Lake Washington, are further subject to State Department of Ecology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. 13 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Summary -August 9, 2004 Comments by Richard Gumpert, Independent Development Company, and Potential Responses 1. Growth Management Act (GMA) and Comprehensive Plan Objectives -Density of development within certain urbanized growth areas is a critical issue and major policy objective of the GMA and Comprehensive Plan. The need for services as contemplated by the CA zoning remains material, and the location of such development at the intersection of two prime arterials serves important traffic and other policy concerns. Reduced density, and thereby the reduced services to be provided at my Property by virtue of an expansion of the buffer from Springbrook Creek, has not been given adequate consideration in the draft ordinance. The City's stock of CA zoned land is a part of the balance that was created relative to the contemplated jobs that would be created within the City. Currently my company is under construction of a 60,000 square foot medical office building that is planned to include physicians' offices, a surgery center, a medical lab and other medical-related lises. It is our current plan to build additional phases that ultimately will create a medical campus with multiple medical buildings and a parking structure. This plan, if implemented, will create livable-wage employment in the City and increase the healthcare services available to the region. These are certainly important objectives of the City planning process that have been subordinated to other policies without adequate consideration or public input. Other objectives of the GMA and Comprehensive Plan likewise need to be weighed in these considerations. Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the City's existing land use plans and citywide growth targets. The City has substantial employment growth capacity above its targets. The City's buildable lands analysis in 2002 indicated an employment capacity Citywide for 32,205 jobs, not including the new Urban Center zone employment allowing potentially between 2,300 to 41,400 additional jobs. This is 17% to 166% above the City's assigned 2022 employment target of 27,597 jobs. The City's zoning districts, such as the CA zone applied to the subject property, offer flexibility in building heights, setbacks, lot sizes, densities, etc. to accommodate substantial developm~nt, and this flexibility is particularly important for sites with environmental features, such as creeks. The CA zone has the following features: • 50 foot height limit with ability to request additional height with conditional use permits • No minimum lot sizes or minimum lot widths • Front yard setbacks of 10 feet • No minimum rear or side yard widths for properties that do not abut residential zones • Greater lot coverage allowances for proposals with parking garages such as that proposed in the Phase IT preapplication submittal for the subject site. 14 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF In addition to the City's flexible zoning standards, the proposed stream regulations offer flexibility to recognize different site conditions, such as administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. At a localized level, the City considered the effect of the new stream regulations on example sites. (See "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004, updated from memos with similar information in 2003 and Spring 2004.) The potential application of the regulations has also been discussed related the subject site, and various options have been discussed with the property owner. Also see the response to Comment 3. Please also see Response to Comment 5 regarding the ongoing public review process. 2. Vesting by Prior Compliance with Development Conditions -The Property was mapped in 1998 to create the parcels that currently exist, at which time the City imposed a requirement that a 50-foot setback be established, a public-access asphalt walking trail adjacent to the easement be built (it is south of the easement on my Property), and a private stormwater detention pond and bioswale be established south of the trail. By complying with these various conditions, including using my private property for a public-access trail and natural vegetated buffer, this Property is vested and my company should not be required to dedicate more land as a buffer. A landowner who fully complies with and has satisfied all the conditions imposed by the City should not be subject to new conditions. The proposed ordinance is not intended to reduce vesting rights as determined in State Law and Case Law. Based on discussions with the City Attorney, new materially complete permit applications vest to the regulations in place at the time of application. Recent case law has affirmed this strict definition of vesting. If a materially complete application is received by the City prior to the adoption of the proposed regulations (expected by the end of 2004), that application would be vested to the regulations in place at the time of application, i.e. the current Shoreline Master Program and Critical Areas Regulations and other City development regulations. An alternative approach could be a development agreement. The agreement has to be consistent with the City'S development regulations, meaning one would need to put an agreement together before the new rules go into effect. It would require a public hearing. If a new application is submitted after the new regulations are in effect, the proposal would be subject to the new regulations. We note that the site size and the general types of uses planned may allow some flexibility to meet the proposed regulations. Following are some questions that the proponent may consider: 15 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF ** Can they redesign the private parking accessway closest to the trail area to reduce the access width? Can they plant trees between the access/parking and the trail to provide some function for the stream? **The proposed standard buffer would be 100 feet. It can be reduced to 75 feet if a proposal meets reduced buffer criteria and is a "non-water-oriented use." However, "water enjoyment" uses can go to 50 feet (these are a priority shoreline use). The definition of a water enjoyment use appears on the last page of this document. Since the site contains a public trail, and a preliminary site plan includes a mixed office/commercial retail area, could they design it in such a way as to meet the definition of water enjoyment? The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development would need to cluster onsite. 3. The Ordinance is Inapplicable to My Company's Property and in any Event it is Too Broad in its Application -The ordinance does not appear to include provisions that contemplate the situation described above. Specifically, it appears to assume that ''undeveloped land" is all naturally vegetated adjacent to the shoreline. As described above, the land adjacent to Springbrook Creek is developed -it's just that not all buildings have yet been built. North of the Creek is a major industrial development that includes hundreds of thousands of square feet of buildings, and only the 50 foot butTer is observed. On the south side, which is my company's land, although I haven't yet built all the buildings that ultimately will be at the Property, the natural butTer, the public-access asphalt trail and the stormwater pond are in situ, and the additional strip just recently imposed as a condition to the current development will be in place shortly. Consequently, there is no natural vegetation south of the asphalt trail, and there has not been any in place for some time. For purposes of protecting the shoreline with existing natural vegetation, the Property is already protected and it is "developed" and no further butTer should be imposed. My company should not be required to do a panoply of biological studies and take other measures in order to attempt to exempt itself, or reduce the impact, from the new ordinance. Rather, the ordinance should address this situation and expressly acknowledge that the ordinance does not apply, whether by virtue of prior vesting, or a definition of development, or given the competing policy objectives, or other reasons. Precious private property rights protected by the U.S. Constitution are involved, and the City must take the time and make the etTort to assure that its ordinance is crafted to protect those rights to the fullest extent subject only to the furtherance of its legitimate public purposes. I do not believe that sufficient precision has been used in this instance. Further, the benefit to the shoreline of an imposition of an additional butTer given the current state of the land, pales with the other objectives of the GMA and Comprehensive Plan including, without limitation, density and the utilization of the stock of CA zoned land for the creation of livable-wage jobs. Please see Comment 2 regarding vesting. Please also see Comment 5 regarding the ongoing public review process. 16 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, and protecting environmentally sensitive areas, among other goals (RCW 36.70A.020). The City Council will consider the balance of GMA goals as it considers GMA requirements to consider best available science in its policies and regulations, as well as it considers Planning Commission recommendations and citizen comments. Further the City Council will need to consider Shoreline Management Act (SMA) Goals since Springbrook Creek is a Class 1 Shoreline of the State. SMA goals are considered GMA goals. Further the City is to provide equivalent protection to critical areas subject to the Shoreline Management Act as those protected in its GMA critical areas ordinance. SMA goals are excerpted below for shorelines of the state CRCW 90.58.020 Legislative findings --State policy enunciated --Use preference; also see WAC 173-26-176): It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. *** In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. There are additional, stricter use preferences for Shorelines of Statewide Significance applicable to Lake Washington. The proposed shoreline buffer regulations would apply a standard buffer of 100 feet and require preparation of stream studies. The proposed ordinance drafted to date includes the following measures to provide for flexibility to recognize differing site conditions: 17 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF • Report preparation requirements may be waived by the City if a barrier exists between the water body and the proposed activity, or applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. (There are other waiver potentials if the water body or buffer does not exist on a site and the subject activity won't impact it.) • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development would need to cluster onsite. • If buffer averaging onsite is proposed the buffer may decrease to 50 feet, provided it is "made up" elsewhere on site. Buffer averaging l>elow the requirements would require a variance. Based on discussions with Andy Kindig and Carl Hadley, our scientific consultants on streams, the existing oversized detention pond would provide only a partial benefit for the stream --the trees/vegetation may provide function for the streams, but not the open water areas. It could be possible to partially count the detention pond vegetated areas toward buffer averaging, but this probably won't make up the full area needed. • The proposed ordinance allows for reduced buffers if there is buffer enhancement or off-site mitigation if an enhanced buffer is not possible1• For non-water oriented uses as defined in the Shoreline Master Program, the maximum proposed reduction to be achieved through administrative review is to 75 feet. Currently th.e proposed regulations structure the Class 1 buffer reductions based on Shoreline Management Act priority uses, and reductions are possible for other categories of uses such as "water oriented." Similar to the wetland regulations, there are maximum buffer reductions that can be requested administratively, and requests for buffers below the administrative level would require a variance. (In this case, a shoreline variance would be needed and is ultimately approved by the State Department of Ecology after Renton reviews it.) Definitions of water-oriented development appear on the last page of this document. • The proposed regulations allow specific requests for buffer reductions for necessary roads and utilities, as well as for public access, subject to criteria. As described under Comment 5, the public review process for the ordinance is continuing with the Planning Commission and the City Council. 4. Best Available Science -Having read the consultant's report upon which the proposed ordinance is based, I did not perceive any significant scientific information, new or previously existing, that supports the imposition of an additional butTer at the Property under the current situation. As such, any ordinance that serves to impose an additional setback at the Property is too broad in its application and should be deemed inappropriate given the other policy objectives and the Constitutional rights of private landowners. The proposed buffer standards are based on a review of the best available science by the City's consulting biologists. The ordinance applies citywide, but is customized in terms of its 1 The City's consulting biologists indicated that planting trees east/south of the trail may provide some function for the stream, e.g. leaf litter, shade, and temperature. 18 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF classifications of water bodies, and in terms of flexible measures intended to address various shoreline conditions. Please see response to Comment 3. 5. Fairness and Cooperation -The implementation of land use regulations requires good faith by both the City and the landowners. The imposition of conditions to development needs to be fair, related to the development and the consequences it will have, and reasonably sculpted to further important public purposes. My company has honored the conditions and fees imposed on its various developments in this City and neighboring jurisdictions in a spirit of cooperation. However, in this instance it appears that the regulation of this specific Property by the draft ordinance is not fair, disproportionately burdensome and inconsequential in furtherance of any legitimate objectives. It is tantamount to a taking by regulation without legitimate public justification. Rather than the burden being placed on the landowners in such circumstances to exempt itself from the ordinance, the ordinance should be carefully drafted to promote its ends and not disproportionately impact private rights without reason. The regulation amendments are intended to meet the goals and purposes of the State Growth Management Act (GMA) to consider best available science in regulations and policies, to provide for Shoreline Management Act use priorities as part of the public trust, as well as to meet other GMA and City goals for management of growth. Flexibility in terms of administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels are a part of the regulations to provide for reasonable use of property. The City's Environmental Review Committee has considered the comments and they are part of the project file. The public review process for the ordinance is continuing with the Planning Commission and the City Council. These comments will also be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline Master Program, which governs Springbrook Creek, are further subject to State Department of ECology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. 19 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Summary of August .!1J 2004 Comments by Seattle Audubon Society and Potential Responses Comment 1. The commenter supports the following provisions: • Regulations protect critical areas meeting definitions/criteria, even if unmapped • Conservation easements or other mechanisms for native growth areas • Priorities for mitigation -avoid, minimize, and compensate • Peer review of habitat assessments at City's discretion, particularly for controversial development cases. The comments are noted and will be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Comment 2. Recommendations for changes to the proposed regulations, or recommended studies: • Surety mechanisms for wetland mitigation plans -agree but recommend a list of performance criteria and specific courses of action if standards are not met. Could be tied to adaptive management. • Habitat assessment requirements -agree. Suggest that the City conduct an overall health habitat assessment, particularly looking at corridors and areas of interconnection, to allow for a "big picture" view and not just individual parcels. • Tree Cutting and Land Clearing Ordinance currently includes a purpose statement to preserve wildlife habitat and other important areas -this is being removed since critical areas regulations cover. Disagree since not all habitat will be identified in the critical areas regulations (covers only specific identified areas). Leave it in to draw attention to the importance of trees as a major component of habitat. • Tree Cutting and Land Clearing Ordinance exempts removal of dead, diseased, damaged or dangerous groundcover or trees. The proposal inserts the word "hazard" before trees. City should clearly establish criteria and/or establish a list of reputable arborist to ensure such trees meet the definition of ''hazard'' so that the label is not misused and becomes an excuse for easy tree removal. • The Tree Cutting and Land Clearing Ordinance includes performance standards for land developmentlbuilding permits. The criteria for tree cutting is incomplete and contains loopholes. Significant trees over a certain caliper and trees proposed to be cut should be identified regardless of circumstance. (Staff note: the section referenced by the commenter indicates that except for critical areas and zoning setback areas trees to be cut can be generally indicated with "clearing limits.") 20 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Responses: The comments are noted. The City's Environmental Review Committee has considered the comments and they are part of the project file. The comments will be forwarded to the Planning Commission and City Council. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Specific responses are provided below. Surety Mechanisms -Performance Criteria: The surety clause applies to any mitigation plan required by the critical areas ordinance. Mitigation plan contents are defined in 4-S-120.D. For example the wetland mitigation plan requirements include establishing goals and objectives, preparing a monitoring program, and a contingency plan. Habitat Assessment Evaluation -Citywide. The City's Habitat Conservation regulations use the State's Priority Habitat and Species Program in part to define and map critical habitat. The use of this State data will help the City define blocks of habitat, including those that provide connections, such as the PHS program category of "urban natural open space." Please also note that the City's proposed Environment Element amendments include a policy regarding adaptive management. The recommendation that the City conduct a habitat health evaluation on a broader basis may be one way to implement the policy in the future. Tree Cutting and Land Clearing Purpose to Protect Habitat. Because the primary citywide regulation addressing streams is currently found in this ordinance, but is proposed to be substantively amended and contained in the critical areas regulations, and because the tree cutting/land clearing regulations cross reference rather than repeat critical area and habitat conservation regulations, the purpose statement was proposed to be amended. Hazard Trees -Criteria or List of Arborists. The City wishes to provide some consistency in its review of "hazard trees," and has proposed a definition as follows: "[a]ny tree or tree part that poses a high risk of damage to persons or property as certified by a qualified arborist and accepted by the City." The City will review submissions by qualified arborists. Tree Cutting and Land Clearing Ordinance -Land Development Permits Criteria for Tree Cutting. The focus of the City's regulation amendments proposal is related to critical areas. Amendments to the Tree Cutting and Land Clearing regulations were primarily to ensure that regulations would not conflict and work in concert with one another. The City has the ability to protect designated critical habitat through its critical area regulations. Outside of critical areas, the tree cutting and land clearing regulations ensure that there is no indiscriminate tree removal. While the land development performance standards indicate that, except for critical areas and zoning setback areas, trees to be cut can be generally indicated with "clearing limits," proposals are required to meet the general standard that "trees shall be maintained to the maximum extent feasible on the property where they are growing ... " and the City has the ability to condition plans. 21 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-0S4, ECF Renton Shoreline Master Program Definitions of Water Oriented/Non-Water Oriented Uses WATER-ORIENTEDINONW ATER-ORIENTED: "Water-oriented" refers to any combination of water- dependent, water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Shoreline Management Act. "Nonwater-oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples of non water-oriented uses include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations; these uses may be considered water-oriented where there is significant public access. WATER-ENJOYMENT: Referring to a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of the state; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resortslhotels and mixed use commercial/office; provided that such uses conform to the above water-enjoyment specifications and the provisions of the Shoreline Master Program. WATER-DEPENDENT: Referring to uses or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water- dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. WATER-RELATED: Referring to a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because: 1. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost, professional services serving primarily water-dependent activities and storage of water- transported foods. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. 22 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF • BUFFER COMPARISON: STATE, KING COUNTY, RENTON Jurisdiction/Classification Standard Buffer Width State DCTED: Type 1 State DCTED: 250 feet plus 15 foot setback King County (draft) : Type S King County (draft): 115 -165 feet plus 15 foot setback Renton (draft): Class 1 Renton (draft): 100 feet State DCTED: Type 2 State DCTED: 250 feet plus 15 foot setback King County (draft): Type F King County (draft): 115 -165 feet plus 15 foot setback Renton (draft): Class 2 Renton (draft): 100 feet State DCTED: Type 3 State DCTED: 150 -200 feet plus 15 ft setback King County (draft): Type F King County (draft): 115 -165 feet plus 15 foot setback Renton (draft): Class 2 Renton (draft): 100 feet State DCTED: Type 4 State DCTED: 150-225 feetplus 15 foot setback King County (draft): Type N King County (draft): 65 feet buffer plus 15 foot setback Renton (draft): Class 3 Renton (draft): 75 feet State DCTED: Type 5 State DCTED: 150-225 feet plus 15 foot setback King County (draft): Type 0 King County (draft): 25 feet plus 15 foot setback Renton (draft): Class 4 Renton (draft): 35 feet Ability to request reduction administratively? State DCTED: No King County: Yes (1) Renton: Yes (2) DCTED = Washington State Department of Community, Trade, and Economic Development Example Code (1) Alterations are allowed to maintain, repair or replace existing structures or infrastructure and to continue existing agricultural activities. New structures, infrastructure and expansion of agriculture activities may be required to meet new standards or may not be allowed unless a variance or alteration exception is approved or a farm plan is developed. Subject to listed conditions reductions allowed for topography/geology/soils; road transects; advanced mitigation. Alterations allowed for in-water facilities; utilities; roads; flood protection; agriculture. (2) Reductions for new development including, general uses, shoreline priority uses and sites separated from shoreline (e.g. intervening lots, roads, etc.) to specific levels provided there is mitigation/enhancement and other criteria. Allowances subject to criteria for dredging; stream relocation; conservation/enhancement; existing agriculture; existing uses; utilities; roads; trails/open space; emergencies. ~ • Jones & Stol{es Memorandum ___________________ _ Date: August 16, 2004 To: Renton Environmental Review Committee; Rebecca Lind, Planning Manager, ED/N/SP Department From: Lisa Grueler, Senior Planner cf.:~. Subject: Applicability of Regulations to Certain Park Properties in Unincorporated King County At the last ERC meeting on August 10, 2004, there was an information request from Dennis Culp to look at the effect of the proposed City stream and shoreline regulations when two Renton- owned park/open space properties are annexed: • Edlund, Property -Carr Road and 103 rd Avenue SE • Cleveland Property -Talbot Road S west of the City's Springbrook Watershed, between S 194th Street and S 198th Place Maps of the properties are attached. Based on discussions with Jennifer Henning of Development Services and Peter Renner of Community Services, as well as County and City inventory information, including the City's Draft Water Class map, we have a summary of conditions for both properties. Edlund Property The property was historically used as a small farm, and contains two habitable homes, one uninhabitable home, a bam, two chicken/animal shelters, a food preparation cottage, and an old covered bridge over a creek. There are wetlands and a stream(s) on the property: • The wetland is described by City staff as lower quality, dry most of the year. King County rates it as a potential Class 2 wetland under its current classification system (based on its IMAP website; 2.5 acres last inventoried in 1992), which would match with the City'S Class 2 wetland category, if confirmed. If it is a Class 2 wetland and if the City's wetland regulations were applied, the standard buffer would be 50 feet. There are provisions to request buffer averaging (no less than 25 feet in the least wide buffer area) or buffer reduction (by 25% administratively). There are also provisions that allow requests to fill wetlands in exchange for wetland compensation (wetland creation or wetland restoration). Trails that meet exemption criteria can also be located in the buffers (criteria address width, location, buffer enhancement, etc. to ensure deminimus impacts). I • August 16, 2004 Page 2 of3 • Community Services staffthought there were up to four streams on the site. King County GIS mapping shows one unclassified stream trending east/west. -Draft Water Class mapping for Renton was prepared primarily for the City limits, although estimated for some streams in the City's Potential Annexation Area as well. The City's Draft Water Class mapping for the property shows one east-west stteam identified as a Class 3. Ifthe City's stream regulations were applied to the Class 3 stream the standard buffer would be 75 feet. -The classification of other unclassified streams would have to occur. There is a process to detennine the classification of unclassified streams through an administrative detennination, and an appeal period. -There are provisions to request reduced buffer widths (to 50 feet administratively) or to buffer average (no less than 37.5 feet in the least wide buffer area). -Trails that meet exemption criteria can also be located in the buffers (criteria address width, location, buffer enhancement, etc. to ensure deminimus impacts). Vehicular and non-vehicular (non-exempt) crossings may be approved subject to review criteria (e.g. no other feasible location, designed to State WDFW requir~Dlents, etc.). Cleveland Property The Cleveland Property is largely vacant. It appears to have a stream network that eventually drains to Springbrook Creek. The streams are unclassified based on King County GIS mapping. Likewise, the streams are unclassified in the City's Draft Water Class mapping. Based on some infonnation from the Watershed Company provided to the City in early June, the property to the north where one of the streams continues may have trout (associated with the Springbrook Trout Fann). Speaking with the City's stream inventory consultant Andy Kindig, the City's inventories were intended to classify known mapped streams, using existing inventories and mapping prepared by other City consultants, supplemented with targeted field review, and was not an in-depth inventory. • The classification of other unclassified streams would have to occur. There is a process to . detennine the classification of unclassified streams through an administrative detennination, and an appeal period. • The stream classification would be either Class 2, 3, or 4. Standard buffer widths would range from 35 feet to 100 feet depending on if the waters are salmonid bearing, and whether the streams are intennittent or perennial. 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com .. " August 16, 2004 Page 3 of3 • There are provisions to request reduced buffer widths or to buffer average to certain levels administratively. • Trails that meet exemption criteria can also be located in the buffers (criteria address width, location, buffer enhancement, etc. to ensure deminimus impacts). • Vehicular and non-vehicular crossings (non-exempt) may be approved subject to review criteria (e.g. no other feasible location, designed to State WDFW requirements, etc.). We hope this information is useful. Please let us know if you have further questions. Thank you. 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com Map Output Page 1 of 1 ® King County Home News Services Comments --Legend EclI&)w:j , --County BoundalY ... U~ Stlaels !§ill Lakes and La/ge Rivets -l .~ ' ... ~ H~ .N SlJaams S~ ~ ~ Floodway / •••• .1/ ~ m Sola SOUIC8 Aquifer 0 PalC8ls 1m SAO Weiland ~ FISh and Cik;h m SAO Landslide .'. -;:..) Wildlife Network Eml SAO Coal Mine SAOStlaam ~ SAO Seismic ~ aa.sl Bg~ SAO Erosion aa.s2~ EI Chinook Distribution ~ aa.s2~aid 2002 Color Aerial Photos twest KC .N C"",,"3 only) ~cxriI By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. htto://www 5 .metrokc.gov Iservlet/com.esri.esrimap.Esrimap ?ServiceN ame=overview &Client V ersi... 8/1312004 f' Map Output Page 1 of 1 ® King County Comments &.ii9 .• --Legend *e'c~lU\d County Boundary . U~ , --. . -SlJeets ~ Lakes and Large Rivers ~ Higrr.vay ~ SlJeams -p~~ Ar1erWs ~ FIoodway /-'';''/ ~ m Sale Source Aquifer 0 ParcelS 1& SAO Wetland t/ FISh and Ditch ~ SAO landslide ''':.';~ VYIIdife Netwolk ffiII SAO Coal Mine , ...• SAOSlJeam m SAO Seismic ~ Class 1 f~~:~t~~ SAO EmSion <:tass 2 Po!!nmizII 1m Chinook OisIribulion t/ <:tass 2 &itncrid 2002 ColDr Aerial Photos (West KC ;./ C"",,"3 only) 4CD'111 By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&ClientVersi... 8/13/2004 r··-'.""". .~."<. ........ -.~ ......... -. •• .,.,;,--,. ~ .' ",.fAA; t,..-" rJ .,.:., ..... \ •... ..,. .. , ..... v -, , • m Jones & Stol{es Memorandum ___________________ _ Date: August 16, 2004 To: Renton Environmental Review Committee; Rebecca Lind, Planning Manager, EDIN/SP Department From: Lisa Grueter, Senior Planner d~:fi . Subject: Information Update: City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations We wanted to note a couple of information updates/corrections related to above Renton policy/regulation proposal. • Comparison Chart: The comparison of buffer requirements chart provided in the August 17, 2004 packet, should show the following State buffers for Type 2 and 3 streams: -Type 2 -State buffer is 250 feet rather than 200 feet -Type 3 -State buffer is 150 -200 feet rather than 150 feet The corrected chart is attached. • Shoreline Use Environment Map for Black River. The map amendments intend to correct the discrepancy between map and text descriptions for the Black River. -The City's adopted Shoreline Use Environment Map classifies both banks ofthe River as Natural, but the SMP text states the Environment only applies to the north bank. By default, according to the text, the south bank is Urban. The proposed amendments would leave the North Bank as Natural east of Monster Road. It would apply Conservancy to the South Bank of the Black River east of Monster Road. West of Monster Road, the north and south banks of the Black River would be urban recognizing urban conditions. -The draft-amended map shows the Natural environment as occurring not only on the north bank as intended, but also trending near the Black River Corporate Park. Unintentionally the Natural environment was applied on the draft map to an area considered to be part of the Springbrook Creek Urban environment based on the shoreline substantial development permit File LUA-98-075, SA-H, SM, ECF. We note the area to be corrected on the attached maps. We will correct the proposed amended map prior to the State Agency Comprehensive Plan submittal and prior to the upcoming public hearings. BUFFER COMPARISON: STATE, KING COUNTY, RENTON Jurisdiction/Classification State DCTED: Type 1 King County (draft) : Type S Renton (draft): Class 1 State DCTED: Type 2 King County (draft): Type F Renton (draft): Class 2 State DCTED: Type 3 King County (draft): Type F Renton (draft): Class 2 State DCTED: Type 4 King County (draft): Type N Renton (draft): Class 3 State DCTED: Type 5 King County (draft): Type 0 Renton (draft): Class 4 Ability to request reduction administratively? Standard Buffer Width State DCTED: 250 feet plus 15 foot setback King County (draft): 115 -165 feet plus 15 foot setback Renton (draft): 100 feet State DCTED: 250 feet plus 15 foot setback King County (draft): 115 -165 feet plus 15 foot setback Renton (draft): 100 feet State DCTED: 150 -200 feet plus 15 ft setback King County (draft): 115 -165 feet plus 15 foot setback Renton (draft): 100 feet State DCTED: 150-225 feet plus 15 foot setback King County (draft): 65 feet buffer plus 15 foot setback Renton (draft): 75 feet State DCTED: 150-225 feet plus '15 foot setback King County (draft): 25 feet plus 15 foot setback Renton (draft): 35 feet State DCTED: No King County: Yes (1) Renton: Yes (2) DCTED = Washington State Department of Community, Trade, and Economic Development Example Code (1) Alterations are allowed to maintain, repair or replace existing structures or infrastructure and to continue existing agricultural activities, New structures, infrastructure and expansion of agriculture activities may be required to meet new standards or may not be allowed unless a variance or alteration exception is approved or a farm plan is developed. Subject to listed conditions reductions allowed for topography/geology/soils; road transects; advanced mitigation. Alterations allowed for in-water facilities; utilities; roads; flood protection; agriculture. (2) Reductions for new development including, general uses, shoreline priority uses and sites separated from shoreline (e.g. intervening lots, roads, etc.) to specific levels provided there is mitigation/enhancement and other criteria. Allowances subject to criteria for dredging; stream relocation; conservation/enhancement; existing agriculture; existing uses; utilities; roads; trails/open space; emergencies. '" ,. , There may be wetlands and floodways associated with other Shorelines of (7 the State within the City of Renton that are not shown on this map. Those +-=~--'--I associated wetlands and floodways are also governed by the City's Shoreline regulations. August 2004 DRAFT Urban Environment Conservancy Environment Natural Environment Water Class 1 City Lim~s Ms. Judy Wright Development Services Division 1055 South Grady Way Renton, W A 98055 LAW OFFICES OF JAMES C HANKEN 999 THIRD AVENUE, SUITE 3210 SEATTLE, WASHINGTON 98104 F~(206)689-7999 • RECEIVED AUG 1 1 200~ ECONOMIC DEVELOPMENT NEIGHBORHOODS . AND STRATEGIC PLANNING Re: Proposed Detennination of Non significance ("DNS") for Critical Area Regulation Updates12004 Comprehensive Plan Amendments using Optional DNS Process Dear Ms. Wright: We submit this letter to state our client, J H Baxter's concerns regarding the City of Renton's proposed Determination of Nonsignificance regarding the Critical Area Regulation portions of the 2004 Comprehensive Plan Amendments. As you know JH Baxter is a member of Quendall Terminals Joint Venture which holds the property adjacent to Barbee Mill. We join in with the comments and issues raised on behalf of Barbee Mill through its counsel, Traci Shallbetter, regarding this issue. In addition, we would add these further comments. The role of determination of environmental impacts includes the entire gamut of impacts that are relevant to the environment. It must accommodate the urban and industrial nature of many of these properties which have current environmental issues such as hazardous clean up requirements. These require substantial economic investment to achieve that objective. To saddle these properties that face such burdens vv'ith further economic constraints such as are proposed here may well defeat the positive environmental objectives that the City seeks to advance. Yet no such evaluation or study as to the effect of such regulation as to the economic viability of such remediation efforts have been included or considered in this process. We believe that the absence of such evaluations or studies are defects of such magnitude as to make the proposal under consideration to be fatally flawed. The properties that are zoned industrial or COR need to have significant evaluation as to the impact of such regulation whose adoption may prevent a greater environmental benefit that may accrue through the conversion of such properties to uses less environmentally challenging than current industrial uses. The adoption of such constraints will negate the ability of such property owners to change the current nature of uses locking such properties into uses that cannot achieve the goals that the City desires. (Ms. Judy Wright) August 10, 2004 Page 2 • So while we urge the consideration of all the reasons that Barbee Mill presents in opposition to the Determination of Non significance, we also urge that the failure to evaluate the negative aspects of such regulations on the potential for clean up of industrial sites has been overlooked. To do so without a full environmental impact determination being made is a fatal defect. We urge that the City conduct a full environmental review taking into account the many concerns raised by Barbee and Baxter regarding this proposal. Cc: Georgia Baxter Robert Cugini JCH: Sincerely, Aug 09 04 03:3010 Harris,Mericle&Waka~ama Ms. Judy Wright Development Services Division 1055 South Grady Way Renton, WA 98055 LAW OFFICES OF JAMES C HANKEN 999 THIRD AVENUE, SUITE 3210 SEATILE, WASHINGTON 98104 FAX (206) 689-7999 [2061624-8560 Re: Proposed Determination of Non significance ("DNS") for Critical Area Regulation UpdatesJ2004 Comprehensive Plan Amendments using Optional DNS Process Dear Ms. Wright: We submit this letter to state our client, J H Baxter's concerns regarding the City of Renton's proposed Determination ofNonsignificance regarding the Critical Area Regulation portions of the 2004 Comprehensive Plan Amendments, As you know J H Baxter is a member of Quendall Terminals Joint Venture which holds the property adjacent to Barbee Mill. We join in with the comments and issues raised on behalf of Barbee Mill through its counsel, Traci Shallbetter, regarding this issue, In addition, we would add these further comments. The role of determination of environmental impacts includes the entire gamut of impacts that are relevant to the environment. It must accommodate the urban and industrial nature of many of these properties which have current environmental issues such as hazardous clean up requirements. These require substantial economic investment to achieve that objective. To saddle these properties that face such burdens with further econo'mic constraints such as are proposed here may well defeat the positive environmental objectives that the City seeks to advance. Yet no such evaluation or study as to the effect of such regulation as to the economic viability of such remediation efforts have been included or considered in this process. We believe that the absence of such evaluations or studies are defects of such magnitude as to make the proposal under consideration to be fatally flawed. The properties that are zoned industrial or COR need to have significant evaluation as to the impact of such regulation whose adoption may prevent a greater environmental benefit that may accrue through the conversion of such properties to uses less environmentally challenging than current industrial uses. The adoption of such constraints will negate the ability of such property owners to change the current nature of uses locking such properties into uses that cannot achieve the goals that the City desires. 10.2 Aug 09 04 04:351" (Name) August 9, 2004 Page 2 Harris,Mericle&Waka~ama [206]624-8560 So while we urge the consideration of all the reasons that Barbee Mill presents in opposition to the Determination ofNonsignificance, we also urge that the failure to evaluate the negative aspects of such regulations on the potential for clean up of industrial sites has been overlooked. To do so without a full environmental impact determination being made is a fatal defect. We urge that the City conduct a full environmental review taking into account the many concerns raised by Barbee and Baxter regarding this proposal. Cc: Georgia Baxter Robert Cugini JCH: Sincerely, 1".2 , ..... e e Seattle. Audubon SocietY-_ ~-for birds and nature 8050 35th Avenue NE Seattle WA 98115 August 9, 2004 Rebecca Lind, Planning Manager City of Renton Department of Planning 1055 S. Grady Way Renton, W A 98055 Re: Critical Areas Ordinance Update Dear Rebecca: AUG 0 9 200~ TIlank you for the opportunity to comment on the City of Renton Critical Areas Ordinance Amendments (CAO). A cursory review of the ordinance suggests that the City has thought extensively about environmental issues and should be commended. Seattle Audubon encourages the City to use the CAO for guidance not only when reviewing development proposals on a site-by-site basis, but also as context for the entire health of the City. General Comments Overall the CAO has many strong points Witll a few areas that Seattle Audubon would . recommend iinproving . . Seattle Audubon strongly urges the City of Renton to use the CAO to its fullest potential. TIlis means uSing not only the regulatory aspects of the document but also the performance standards that are described. The goal of any CAO is not simply to restrict or regulate development but to seek a balanced approach to development. As stated on lines 59 and 60 tlle purpose of the CAO is to "provide city officials with information to evaluate, approve, condition or deny public or private development proposals." As such the City needs to ensure all members of the City Council and Planning Commission understand the CAO and that this document is not just 'about regulation but ensuring that development can occur without further degradation of critical areas in the community. All development proposals should be reviewed in light of the purposes of CAO. Detailed Ordinance Discussion To help facilitate the adoption of Renton'sCAO the follOwing section provides specific line-by-line discussion and suggested changes. Line numbers refer to the PDF version of "RMC 4-3-050 through 4-10-110, plus chapter 11 Definitions" available on the City's website. Line 386 establishes that the reference inap held by the City may not include all critical areas and each individual site should be evaluated. We agree. " Line 878 calls for conservation easements or other permanent protections for native growth areas. We agree. Line 1041 establishes surety mechanisms for wetland mitigation plans and areas. We agree, however, the City may want to develop a list of performance criteria and specific courses of action if standards ar~_ not met. This can be accomplished case by case or generally for different wetland types. This will provide a clear picture of what is expected of developers when mitigation plans are proposed. This may be tied to adaptive management as discussed on line 7321. Line 1978 -1985 discusses habitat assessment requirements, specifically calling for the need to deternline "extent, function, and value of critical habitat." We agree and hope that the City maintains the 'big' picture view of all development reviews. lt is imperative to look beyond individual site developments and consider the overall function of the habitat areas. The City should conduct an overall habitat health assessment, specifically looking for corridors and areas of interconnection. If true function is to be maintained interconnectivity will be critical. One of the hardest jobs for a local government is to move away from thinking about development as occurring on indh,idual parcels of land. Habitat spans boundaries and the City 111ust have a comprehensive view of habitat and other critical areas to ensure the cumulative effects of individual development are addressed. Line 2000 establishes the priorities for mitigation; avoid, minimize and compensate. We agree and hope the City holds developers to burden of proof test when claiming a. certain development proposal cannot avoid impacts. .' Line 2009 discusses the opportunity for the City to conduct a peer review of the habitat assessment at the developer's expense. We agree strongly and suggest in all controversial development cases that the City conducts an independent review of the habitat. While the value of science cannot be underestimated there seems to be growing incidents of expert (p~ofessional consultant) disagreement depending on the bias of the consultant. Anticipating that certain development projects will have controversial elements of science, the City should coriduct its own analysis. This analysis should ensure the highest level of neutrality. Line 5362 is a strike out of previous language stating an important purpose of the tree- cutting ordinance is to preserve wildlife habitat and other important areas. The editor's note says this is now covered within the critical areas discussion. Seattle Audubon recommends leaving this language in this section as part of the tree-cutting ordinance. All habitat and important areas 'will not be identified in the CAO portion of the document. By leaving this language in, attention will be drawn to the importance of trees as a major component of habitat. Individual, groupings and large stands of trees promote healthy habitat corridors and interconnectivity. The CAO portion will only cover specifically identified areas. 2 Line 5380 interjects the word 'hazard' tree as an exemption. While hazards trees are a growing concern within colnmunities it is important to dearly establish criteria that will designate hazard tree. l1lfoughout the region trees are being labeled hazard as an easy way to remove wid-lOut consequence. Renton should not foster this precedence. Clearly establishing hazard tree guidelines and/or identifying reputable a~borists to identify hazards trees is imperative. The City should retain a qualified arborist to confirm any hazard tree designation. Line 5578 -5604 establishes criteria for tree cutting however, the list is incomplete and leaves too many loopholes. Significant tress over a certain caliper should be identified regardless of circumstance and the number of trees proposed to be cut needs to be identified regardless of circumstance. Thank you for the opportunity to comment and we look forward to working with the City in the future. ;t:e~~2-a/ -~~~--~ ~ / ~. . Matthew Mega, Al7 Urban Habitat Program Director 3 lW1?JI~ CflYC!=P.!:NTCN ""' r' Gt~ q: [r-.. "" L. , .. \J AUG 09 2004 INDEPENDENT DEVELOPMENT COMPANY ~. , .. ntl>'''c'''· .... '''1'~·1 ,I.; V.4.:J.:j •• ~ .v ...... ,,· 4 742 1st Street South Kirkland, Washington 98033 Telephone (425) 827-3688 Fax (425) 889-9453 MEMORANDUM 204 East 17th St., Suite 202 Costa Mesa, CA 92627 Telephone (949) 764-2679 Fax (949) 764-0105 TO: CC: Alexander Pietsch -Department of Economic Development Development Services Division FROM: Richard A. Gumpert DATE: August 9,2004 Rl-:· ~. Comments -LUA-04-084, ECF The purpose of this memorandum is to follow up on the several conversations that I have had with you, your staff and your consultant relative to the new critical areas and shoreline ordinance update that has been proposed, and to provide written comment to the Notice of Application and Proposed Determination of Non-Significance. As you know, my company owns the property west of Oakesdale Ave. SW between SW 43 rd Ave. and Springbrook Creek (Parcels J, H, Nand L) (the "Property"). You consultant has advised you and me that Springbrook Creek has been classified as a Class 1 stream. Although I have provided detailed verbal comments to the City's proposal, this shall serve to provide written comment; however, my discussions have been far more detailed, and those comments remain. Growth Management Act CGMA) and Comprehensive Plan Objectives -Density of development within certain urbanized growth areas is a critical issue and major policy objective of the GMA and Comprehensive Plan. The existing populations, developments and traffic on SW 43 rd Street and on Oakesdale Avenue SW would make my Property, located at the intersection of these two main arterials, a prime location for the dense commercial development that is an objective of the GMA and Comprehensive Plan. The Property is one of the few properties on SW 43 rd Street, one of the busiest east-west anerials in the City, that is only partially developed. It is one of the few remaining CA zoned properties in the area. The need for services as contemplated by the CA zoning remains material, and the location of such development at the intersection of two prime arterials serves important traffic and other policy concerns. Reduced density, and thereby the reduced services to be provided at my Property by virtue of an expansion of the buffer from Springbrook Creek, has not been given adequate consideration in the draft ordinance. Additionally, the City's stock of CA zoned land is a part of the balance that was created relative to the contemplated jobs that would be created within the City. Currently my company is under construction of a 60,000 square foot medical office building that is planned to include physicians' offices, a surgery center, a medical lab and other medical- related uses. It is our current plan to build additional phases that ultimately will create a medical campus with multiple medical buildings and a parking structure. This plan, if e Alexander Pietsch -Department of Economic Development Development Services Division August 9, 2004 Page 2 implemented, will create livable-wage employment in the City and increase the healthcare services available to the region. These are certainly important objectives of the City planning process that have been subordinated to other policjes without adequate consideration or public input. Other objectives of the GMA and Comprehensive Plan likewise need to be weighed in these considerations. Vesting by Prior Compliance with Development Conditions -The Property was mapped in 1998 to create the parcels that currently exist, at which time the City imposed a requirement that a 50-foot setback be established, a public-access asphalt walking trail adjacent to the easement be built (it is south of the easement on my Property), and a private stormwater detention pond and bioswale be established south of the trail. In compli,mce with these conditions, the 50-foot easement has been honored and has all natural vegetation. The public-access asphalt walking trail has been built on my land and is in-place for the entirety of my land adjacent to the 50-foot natural buffer. The storm water pond and bioswale is fully vegetated and is sized to accommodate development of all of my parcels. In other words, every condition imposed by the City for the protection of Springbrook Creek and access for the public has been satisfied. Indeed, in addition to the above, the City has imposed another condition earlier this year in relation to the medical building that is currently under construction on Parcel N. In relation to this current development, I am establishing yet another 2-foot wide gravel skirt south of the public-access trail. By complying with these various conditions, including using my private property for a public-access trail and natural vegetated buffer, this Property is vested and my company should not be required to dedicate more land as a buffer. A landowner who fully complies with and has satisfied all the conditions imposed by the City should not be subject to new conditions. The Ordinance is Inapplicable to My Company's Property and in any Event it is Too Broad in its Application -The ordinance does not appear to include provisions that contemplate the situation described above. Specifically, it appears to assume that "undeveloped land" is all naturally vegetated adjacent to the shoreline. As described above, the land adjacent to Springbrook Creek is developed -it's just that not all buildings have yet been built. North of the Creek is a major industrial development that includes hundreds of thousands of square feet of buildings, and only the 50 foot buffer is observed. On the south side, which is my company's land, although I haven't yet built all the buildings that ultimately will be at the Property, the natural buffer, the public-access asphalt trail and the stormwater pond are in situ, and the additional strip just recently imposed as a condition to the current development will be in place shortly. Consequently, there is no natural vegetation south ofthe asphalt trail, and there has not been any in place for some time. For purposes of protecting the shoreline with existing natural vegetation, the Property is already protected and it is "developed" and no further buffer should be imposed. My company should not be required to do a panoply of biological studies and take other measures in order to attempt to exempt itself, or reduce the impact, from the new ordinance. Rather, the ordinance should address this situation Alexander Pietsch -Deptment of Economic Development Development Services Division August 9,2004 Page 3 and expressly acknowledge that the ordinance does not apply, whether by virtue of prior vesting, or a definition of development, or given the competing policy objectives, or other reasons. Precious private property rights protected by the U.S. Constitution are involved, and the City must take the time and make the effort to assure that its ordinance is crafted to protect those rights to the fullest extent subject only to the furtherance of its legitimate public purposes. I do not believe that sufficient precision has been used in this instance. Further, the benefit to the shoreline of an imposition of an additional buffer given the current state of the land, pales with the other objectives ofthe GMA and Comprehensive Plan induding, without limitation, density and the utilization of the stock ofCA zoned land for the creation of livable-wage jobs. Best Available Science -Having read the consultant's report upon which the proposed ordinance is based, I did not perceive any significant scientific information, new or previously existing, that supports the imposition of an additional buffer at the Property under the current situation. As such, any ordinance that serves to impose an additional setback at the Property is too broad in its application and should be deemed inappropriate given the other policy objectives and the Constitutional rights of private landowners. Fairness and Cooperation -The implementation of land use regulations requires good faith by both the City and the landowners. The imposition of conditions to development needs to be fair, related to the development and the consequences it will have, and reasonably sculpted to further important public purposes. My company has honored the conditions and fees imposed on its various developments in this City and neighboring jurisdictions in a spirit of cooperation. However, in this instance it appears that the. regulation of this specific Property by the draft ordinance is not fair, disproportionately burdensome and inconsequential in furtherance of any legitimate objectives. It is tantamount to a taking by regulation without legitimate public justification. Rather than the burden being placed on the landowners in such circumstances to exempt itself from the ordinance, the ordinance should be carefully drafted to promote its ends and not disproportionately impact private rights without reason. Thank you for the courtesies extended in considering my comments. _YERS ECEIVED AUG 3 2004 Davis Wright Tremaine LLP ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D.C. TRAer L. SHALLBETTER DIRECT (206) 628-7633 t racis hallbetter@dwt.com August 2, 2004 Ms. Judy Wright Development Services Division 1055 South Grady Way Renton, W A 98055 2600 CENTURY SQUARE 1501 fOURTH AVENUE SEATTLE, WA 98101-1688 TEL (206) 622-3150 fAX (206) 628-7699 www.dwt.com Re: Proposed Determination of Non significance ("DNS") for Critical Area Regulation Updates/2004 Comprehensive Plan Amendments using Optional DNS Process Dear Ms. Wright: On behalf of our client Barbee Mill Company, we attended the community workshop on July 27, 2004 and have reviewed the City's proposed revisions to the City of Renton Comprehensive Plan and Critical Areas Regulations. We are concerned that the City's proposed DNS fails to adequately consider the magnitude of potential significant adverse impacts associated with the proposed revisions to the City's Comprehensive Plan and Critical Area regulations. The City appears to presume that since its proposed revisions have the goal of enhancing environmental quality and preserving wetlands and critical areas, the revisions do not warrant full environmental review. Yet, even proj ects designed to ultimately benefit the environment may need to undergo SEPA review. SEPA expressly recognizes this. WAC i 97-1 i -330(5).1 I WAC 197-11-330(5) provides: A threshold determination shall not balance whether the beneficial aspects of a proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any probably significant adverse environmental impacts under the rules stated in this section. For example, proposals designed to improve the environment, such as sewage treatment plants or pollution control requirements, may have significant adverse environmental impacts. SEA 1531817v1 26266-4 Ms. Judy Wright August 2, 2004 Page 2 The fact that the proposed revisions may on first glance appear to be a net improvement over existing regulations does not excuse full and thorough environmental review of the potentially significant adverse impacts of the revisions. The adverse environmental impacts associated with the proposed amendments to critical area regulations and shoreline goals and policies could be substantial. Specifically, the proposed revisions appear to have significant adverse impacts on existing land use plans and population allocations, recreational and economic development opportunities, and private use and enjoyment of the waterfront. For example, the amendments reduce the availability of buildable lands on privately owned waterfront property, resulting in a shift of densities elsewhere (outside of the critical areas). The reduction of buildable lands may conflict with the City's Comprehensive Plan; yet, the environmental checklist and other documents relied upon by the City appear to ignore that impact. The adverse environmental impacts resulting from concentrating densities elsewhere may be significant in other respects. Traffic and pollution associated with concentrating densities elsewhere within the City to offset the elimination of buildable lands under the proposed amendments have not been disclosed or considered. In response to the SEP A checklist question regarding traffic impacts, the City has provided a non-response: [T]he proposal directs how development may occur in the context of environmentally sensitive/critical area. It would not be anticipated to adversely affect transportation, public service or utility demands. See Checklist at 17. Based upon a review of the City's support for such proposal, it appears adverse impacts are not "anticipated" because they were not considered. This lack of consideration or documentation is inconsistent with the mandates of SEP A disclosure. Finally, the proposed revisions appear to force a few private land owners to bear burdens for the public benefit, even though such burdens legally and in all fairness should be borne by the public as a whole. The proposed minimum buffer standards for critical areas have significant adverse impacts on the ability to develop land, which translates into impacts on economics and land use more generally. While the City has proposed a "reasonable use exception" for certain minimum buffer standards, such exception retains certain baselines below which development may not occur-regardless of whether development below such baseline would have any adverse impacts on the critical areas and regardless of what is revealed through best available science. In short, insignificant, if any, consideration is given to the impacts that the proposed amendments will have on private landowners and development, particularly in terms of economic impacts. SEA 1531817vl 26266-4 Ms. Judy Wright August 2, 2004 Page 3 We urge the City to more fully consider the significant adverse environmental impacts that may result from the revisions, keeping in mind the breadth of the definition of "environment" and the mandates of the Growth Management Act. Very truly yours, Traci L. Shallbetter cc: Campbell Mathewson Alex Cugini Robert Cugini Tom Goeltz SEA 1531817vl 26266-4 ·1 e City of Re on Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: AUGUST 2, 2004 APPLICATION NO: LUA-04-084, ECF DATE CIRCULATED: JULY 19, 2004 APPLICANT: Ci of Renton PROJECT MANAGER: Rebecca Lind PROJECT TITLE: Best Available Science Critical Areas PLAN REVIEW: Regulations and Shoreline Master Program GMA Integration Pro osal, Featurin New Stream, River, and Lake Re ulations SITE AREA: NlA BUILDING AREA ross: NlA LOCATION: NlA I WORK ORDER NO: 77287 CITYOFAEN VEO JUL 20 2~ BUILD SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghtiGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Dati I DATE: LAND USE NUMBER: July 30, 2004 LUA-04-084, ECF APPLICATION NAME: Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations PROJECT DESCRIPTION: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMAl, Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A summary of the proposal is as follows: • Refine City Comprehensive Plan policies as part of a "best available science review" in accordance with GMA, particularly the Environment Element along with other elements. Amend Renton's Critical Areas Regulations: o Based on a best available science review, amend the Renton Critical Areas Regulations to classify water bodies (streams and lakes), apply buffers based on water body class, allow for alterations subject to performance and mitigation standards, and provide for no-net-Ioss of ecological function. o Based on a best available science review, provide for appropriate amendments to improve or better document the wetland review process. o Based on a comparison with example regulations and review of current studies, make limited amendments to aquifer protection, flood hazard, geologic hazard, habitat conservation, and critical area procedural regulations. • Propose Renton Shoreline Master Program amendments to: o Integrate and make limited amendments to Shoreline and Comprehensive Plan policies. o Address Shoreline Use Environment text and map inconsistencies for the Black River and Cedar River at the Maplewood Golf Course and recognize current and planned uses. o Provide for shoreline protection regulations for regulated rivers/streamsllakes, including buffers, similar to the critical area streamllake regulations. • As a result of the above, amend other interrelated regulations, including, but not limited to Land Clearing and Tree Cutting regulations, Title IV variance and permit procedures, as well as others. PROJECT LOCATION: City of Renton Corporate Limits OPTIONAL DETERMINATION OF NON-SIGNIFICANCE (DNS): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21 C.11 0, the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance (DNS). A 14- day appeal period will follow the issuance of the DNS. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: Permits/Review Requested: July 15, 2004 July 19,2004 Environmental (SEPAl Review Other Permits/Approvals which may be required: Planning Commission Recommendation, City Council Legislative Action, State of Washington Department of Community, Trade and Economic Development, Coordination of State Agency Comments (GMA related items), Puget Sound Regional Council Consultation and Consistency Review, State of Washington Department of Ecology Approval (Shoreline Master Program Amendments) Requested Studies/Existing Studies or Environmental Documents: An environmental checklist has been prepared. Other background memos and studies related to the proposal include best available science analysis to establish stream/riverllake buffers and to review existing wetland regulations; a comparison/analysis of example codes and City aquifer protection, flood hazard, geologic hazard, habitat conservation, and critical area procedural regulations; and memos describing Comprehensive Plan and Shoreline policy amendments, Shoreline Use Environment map/text amendments, and Renton Title IV regulation amendments. Location where apPllc.ay be reviewed: Planning/Building/Public Works Division, e Development Services Department 1055 South Grady Way, Renton, WA 98055 Comments on the above application must be submitted in writing Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on August 9, 2004. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Judy Wright at (425) 430-6575. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Judy Wright, tel: 425-430-6575, eml: Jwrlght@ci.renton.wa.us I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 So. Grady Way, Renton, WA 98055. File No.!Name: LUA04-084 / Critical Areas Code Amendments 2004 NAME: ________________________________________________ ___ ADDRESS: ____________________________________________ ___ TELEPHONE NO.: ________________ _ rJ i It e City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: A6J1~; ~ APPLICATION NO: LUA-04-084, ECF APPLICANT: City of Renton PROJECT TITLE: Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations SITE AREA: N1A LOCATION: N1A COMMENTS DUE: AUGUST 2, 2004 DATE CIRCULATED: JULY 19,2004 PROJECT MANAGER: Rebecca Und PLAN REVIEW: ...... , .. &;U JUL 2"/. 200~ BUILDING AREA (gross): N/A BUILDING DIVISION I WORK ORDER NO: 77287 SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA) and City Comprehensive Plan goals for critical area protection in the City of Renton context. ' A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Environment Minor Major Impacts Impacts Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY-RELATED COMMENTS ~OM..L- C. CODE-RELATED COMMENTS More Information Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics UghtiGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to property assess this proposal . . jA 7[';±~~ oatel I • City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Rre.. COMMENTS DUE· AI ~II~T" -?nn4 . ' .. ~~ , APPLICATION NO: LUA-04·084, ECF DATE CIRCULATED: J t@~9~~ ~ U W~ In\ APPLICANT: City of Renton PROJECT MANAGER: R~5~ a Lind II II PROJECT TITLE: Best Available Science Critical Areas PLAN REVIEW: U L Regulations and Shoreline Master Program GMA Integration JUl 1 9 2004 l0 Proposal, Featuring New Stream, River, and Lake Regulations SITE AREA: NJA BUILDING AREA (gros~ i): NJA Gil y_ut-RENTON FIRE OEPA'lTI'"H::1H LOCATION: N/A I WORK ORDER NO: 77287 SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More I Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth HousinQ Air Aesthetics Water UJJhtlGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources PreseNation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or .""" -•• "'!kmaJ "fonnanon is needed Wy..,as "" proposal. 7 h k Signature of Director or Authorized Representative Date I I City of Rerln Department of Planning / Building / Public as ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: APPLICATION NO: LUA-04-084, ECF APPLICANT: Cit of Renton PROJECT TITLE: Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Pro osal, Featurin New Stream, River, and Lake Re ulations SITE AREA: N/A LOCATION: N/A COMMENTS DUE: AUGUST 2, 2004 DATE CIRCULATED: JULY 19,2004 R E C FRENTON PROJECT MANAGER: Rebecca Lind PLAN REVIEW: BUILDING DIVISION BUILDING AREA ross: N/A I WORK ORDER NO: 77287 SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources PreseNation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS f0Q'\M. C. CODE-RELATED COMMENTS ~~ We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~<;+ru.{;\-\lt)Y"\ APPLICATION NO: LUA-04-084, ECF APPLICANT: City of Renton PROJECT TITLE: Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations SITE AREA: NlA LOCATION: NlA COMMENTS DUE: AUGUST 2, 2004 DATE CIRCULATED: JULY 19, 2004 RE :!! Ie r~ u;. R,-E~rO~ _ PROJECT MANAGER: Rebecca Und ~ v .. n -PLAN REVIEW: JUL 20 200~ BUILDING AREA (gross): NlA UUILUING DIVISION I WORK ORDER NO: 77287 SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghtiGlare Plants Recreation Land/Shoreline Use Utilities Animals T ransporlation Environmental Health Public Services Energyl Historic/Cultural Natural Resources PreseNation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where a itional information is needed t~roperly assess this proposal. v· • 7 /po h't Datil ' City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ru-k:s COMMENTS DUE: AUGUST 2, 2004 APPLICATION NO: LUA-04-084, ECF DATE CIRCULATED: JULY 19,2004 APPLICANT: Ci~ of Renton PROJECT MANAGER: Rebecca Lind PROJECT TITLE: Best Available Science Critical Areas PLAN REVIEW: Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake ReQulations SITE AREA: N/A BUILDING AREA (gross): N/A LOCATION: N/A I WORK ORDER NO: 77287 SUMMARY OF PROPOSAL: The purpose of the City of Renton Best Available SCience Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water UghtlGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation EnVironmental Health Public Services Energyl Natural Resources Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. , C. E-RELATED COMMENTS f/(L We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional informati needed to properly assess this proposal. Date • I .... , DATE: July 19, 2004 LAND USE NUMBER: LUA-G4-G84, ECF APPLICATION NAME: Best Available Science Critical Areas Regulations and Shoreline Master I Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations PROJECT DESCRIPTION: The purpose of the City of Renton Best Available Science Critical Areas \ Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA). and City Comprehensive Plan goals for critical area protection In the City of Renton context. A summary of the proposal is as follows: Refine City Comprehensive Plan policies as part of a "best available science revIew" in accordance with GMA. particularly the Environment Element along with other elements. Amend Renton's Critical Areas Regulations: o Based on 8 best available science review, amend the Renton Critical Areas Regulations to classify water bodies (streams and lakes), apply buffers based on water body dass, sllow for alterations subject to performance and mitigation standards, and provide for no-net-loss of ecological function. o Based on a best available science review, provide for appropriate amendments to improve or better document the wetland review process. o Based on a comparison with example regulations and review of current studies, make limited amendments to aquifer protection, flood hazard, geologic hazard, habitat conservation, and critical area procedural regulations. Propose Renton Shoreline Master Program amendments to: o Integrate and make limited amendments to Shoreline and Comprehensive Plan policies. Address Shoreline Use Environment text and map inconsistencies for the Black River and Cedar River at the Maplewood Golf Course and recognize current and planned uses. Provide for shoreline protection regulations for regulated rlversistreamsllakes, Including buffers, similar to the critical area stream/1ske regulations. As a result of the above, amend other interrelated regulations, including, but not limited to Land Clearing and Tree Cutting regulations, Title IV variance and permit procedures, as well as others. PROJECT LOCATION: City of Renton Corporate Umlts OPTIONAL DETERMINATION OF NDN-5IGNIFICANCE (DNS): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed eNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance (ONS). A 14· day appeal period will fonow the Issuance of the DNS. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: Permits/Review Requested: July 15, 2004 July 19, 2004 Environmental (SEPA) Review Other Permits/Approvals which may be required: Planning Commission Recommendation, City Councii Legislative Action, State of Washington Department of Community, Trade and Economic Development, Coordination of State Agency Comments (GMA related Items), Puget Sound Regional Council Consultation and Consistency Review, State of Washington Department of Ecology Approval (Shoreline Master Program Amendments) Requested Studies/existing Studies or Environmental Documents: An environmental checklist has been prepared. Other background memos and studies related to the proposal include best available science analysis to establish streamlriverl1ake bUffers and to review existing wetland regulations; a comparison/analysis of example codes and City aquifer protection, flood hazard, geologic hazard, habitat conservation, and critical area procedural regulations; and memos describing Comprehensive Plan and Shoreline policy amendments, Shoreline Use Environment map/text amendments, and Renton Title IV regulation amendments. Location where application may be reviewed: • PlanninglBullding/Public Works Dlvlskln. Development Services Department 1055 South Grady Way, Renton, WA 98055 Public Meetings: The subject proposal is part of the City's Comprehensive Plan amendment process for 2004. Public meetings and hearings are planned for the proposal along wlth other Comprehensive Plan and related Items in the Summer and Fa\l2004. The subject proposal will be a topiC at a community meetlnglworkshop, Icheduled for July 27,2004, Highlands Community Center, 6 to 8 p.m., 800 Edmonds Avenue HE, Renton. More information about the Comprehensive Plan amendment process, Including the subject proposal, and public meetings can be found at www c! renton wa us under the Economic OevelopmenVNelghborhoodslStraleglc Planning Department. Comments on the above application must be submitted in writing Development Services Division, t055 South Grady Way, Renton, WA 98055, by 5:00 PM on August 2, 2004. If you have questions about this proposal, or wish to be made a party ~f re~rd and receive a~ditional notification by mail, contact Judy Wright at (425) 430~ 6575. Anyone who submits wntten comments Will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Judy Wright, tel: 425430-9575, eml: Jwrlght@ci.renton.wa.us PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION If you would like to be m~de a party of record to receive further information on this proposed project, complete thIS form and retum to: CIty of Renton, Development Planning. 1055 So. Grady Way, Renton, WA 98055. File NO.IName: LUA04-084 I CrtHcal Areas Code Amendments 2004 NAME: __________________________________________ __ ADDRESS: _________________________________________ _ TELEPHONE NO.: _______________ _ CERTIFICA-TION ""'"'''''''' ......... tf,.AMc "'-.:---4.~ ........ 'J.t~;.." !f ,;-~ "'S\ON E.i-;;.. ,<,' . . . ; ~/~ro ~~" I~ Dera.. Jo~ t"\ , hereby certIfy that . 1 copies of the ; ::E fg ~O'''R'' cP\ a~ve document were posted by me in -,J~ conspicuous places on or nearby ~'O ." • ~ '\ ~ t '" ~ ~ ~ ,v : ah~ described property on ...,"" \!l" .. (!Jo'i ~ \ PUS\': .: 0 ~ ~ ... '. ... •• J.;;;,: ' ~ l,u· .. •• 629'"'' e -. . ~ f; ,--. ..v._ • '. -f}j •••• : ••••••• ~~:-Signed~~ "'~f OF W"~ __ ---ATTEST, Subocribed G¥':J~::"e me. a Notary Public. in md f~ """"",,<0: Washington residing , on the QJV?-day of . ~ MARILYN KAMCHEFF MY APPOINlMENT EXPIRES 6-29-07 Agencies See Attached (Signature of .... anlnar/~~~~~~~~::!::C:::=::~~~ _______ ----.l~~ SS COUNTY OF KING I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act tOt,tfi~~~~i-1li~d purposes mentioned in the instrument. Dated~ 2£ ~'1 -~--.:...-" :7-7~=-#'--:;--:--~~~~r"*:-:----:--:----- Notary (Print): __ ---;tMARl1l"f"m:IEll'lVNIlm'lllKAMCHII:IIT'1"'VEFFmffi=;I"":;"";;:~----------- My appointment expires: M"/ APPUINIMENI EXPIRES 6-29-07 Critical Areas Code Amendments 2004 LUA04-084, ECF template -affidavit of service by mailing (Stn0.oth.Feed Sheets™ ". -. ... Nancy Winters Department of Corrections Post Office Box 41112 Olympia, Washington 98504-1112 Steve Penland Department of Fish and Wildlife Post Office Box 43155 Olympia, Washington 98504-3155 Elizabeth McNagny Department of Social and Health Services Post Office Box 45848 Olympia, Washington 98504-5848 Review Team Department of Community, Trade and Economic Development Growth Management Services Post Office Box 42525 Olympia, Washington 98504-2525 Dept. of Ecology * Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 lamey Taylor Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. &. Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 fl,AVERY® Address labels SEPA/GMA Coordinator Department of Ecology Post Office Box 47600 Olympia, Washington 98504-7600 Bill Koss Parks and Recreation Commission Post Office Box 42650 Olympia, Washington 98504-2650 Harriet Beale Puget Sound Water Quality Action Team Post Office Box 40900 Olympia, Washington 98504-0900 lohn Aden Department of Health Division of Drinking Water Post Office Box 47822 Olympia, Washington 98504-7822 WDFW -Stewart Reinbold c/o Department of Ecology 3190 160th Ave SE Bellevue, WA 98008 Duwamish Tribal Office 1:4235 Ailibetlm BI'(8. SIll FF8At A w;i~'~'~~~~~r W~5W ~*h. I (j.H1-llf/<Xo-1514- KC Wastewater Treatment Division Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 City of Newcastle Attn: Mr. Micheal E. Nicholson Director of Community Development 13020 SE 72nd Place Newcastle, WA 98059 Puget Sound Energy Municipal Liason Manager Joe Jainga PO Box 90868, MS: XRD-01W Bellevue, WA 98009-0868 Use template for 5160® e Lorinda Anderson Interagency Committee on Outdoor Recreation . Post Office Box 40917 Olympia, Washington 98504-0917 Anne Sharar Department of Natural Resources Post Office Box 47001 Olympia, Washington 98504-7001 Bill Wiebe Department of Transportation Post Office Box 47300 Olympia, Washington 98504-7370 Muckleshoot Indian Tribe Fisheries Dept. Attn. SEPA Reviewer 39015 -172nd Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Progran Attn: Ms Melissa Calvert 39015 172nd Avenue SE Auburn, WA 98092-9763 Office of Archaeology &. Historic Preservation Attn: Stephanie Kramer PO Box 48343 Olympia, WA 98504-8343 City of Kent Attn: Mr. Fred Satterstrom, AICP Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Steve Lancaster, Responsible Official 6300 Southcenter Blvd. Tukwila, WA 98188 Seattle Public Utilities Real Estate Services -eFie ~weflfl3en T ~e. €xo..m' (le.v 700 Fifth Avenue, Suite 4900 Seattle, WA 98104-5004 laser 5160® ~ . ,,.' .. ' i, , .... '". CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 20th day of July, 2004, I deposited in the mails of the United States, a sealed envelope containing Notice of Application -DNS documents. This information was sent to: Parties of Record See attached list (Signature of Send STATE OF WASHINGTON COUNTY OF KING ~" t\OTA~r ~\ -._ en: ~ \ ,l)UBUC ..: ? .. ". .... ""o~ «-"~:29-07 ....• ~ 5 Ot:" ........ ~C":> _-- I certify that I know or have satisfactory evidence that Stacy Tucker ",\\~AS~~ ......... -- signed this instrument and acknowledged it to be his/her/their free and voluntary act for the \~s~~ and purposes mentioned in the instrument. Da~ l!. ..:a::lO It ashington Notary (Print):, _____ -,M~AffiRIL:~YNf.rffiKAMC~H:;;;EFF=_:_::_=_-------- My appOintment expires: MY APPOINTMENTEXPIRFS 11-29-07 Critical Areas Code Amendments 2004 LUA04-084, ECF ~'-. '", { ... PARTIES OF RECORD Critical Areas Code Amendments 2004 LUA04-084, ECF Richard Gumpert IDC 742 1st Street S Kirkland, WA 98033 party of record Dean Radford King County Journal 600 Washington Ave S Kent, WA 98032 party of record Daniel E. Penttila Fish Biologist WDFW Habitat Program PO Box 1100 LaConner, WA 98257-1100 party of record Suzann Krom 4715 112 36th Avenue SW Seattle, WA 98126-4715 party of record Campbell Mathewson CenturyPacific, LP 1501 Fourth Avenue #2140 Seattle, WA 98101 party of record Farideh Mastan 13810 SE 42nd Place Bellevue, WA 98006 party of record Garrett Huffman South King County Manager Master Builders Association 335 116th Avenue SE Bellevue, WA 98004 party of record Sandra Lange, Planner Floodplain Management Section Shorelands & Coastal Zone Mngt. Prog. WADOE Baran Hall, MS: PV-11 Olympia, WA 98504-8711 party of record Lowell Anderson 8225 S 128th Street Seattle, WA 98178 party of record Tom Malphrus Friends of the Black River 18713 102nd Avenue SE Renton, WA 98055 party of record Renee Schaefer PGP Inc. 1325 4th Avenue # 500 Seattle, WA 98101 party of record David Halinen Halinen Law Offices, P.S. 2115 N 30th #203 Tacoma, WA 98403 party of record Richard Robohm Wetland Specialist Shorelands & Environ. Asst. Prog. WA DOE -NW Regional Office 32190 160th Ave SE Bellevue, WA 98008-5452 party of record Brad Olschefski 6672 156th Avenue Bellevue, WA 98006 party of record Chad Armour 6500 126th Avenue SE Bellevue, WA 98006 party of record David Halinen Halinen Law Offices, P.S. 10500 NE 8th Street #1900 Bellevue, WA 98004 party of record NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON·SIGNIFICANCE (DNS) DATE: July 19, 2004 LAND USE NUMBER: LUA-04-084, ECF APPLICATION NAME: Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Proposal, Featuring New Stream, River, and Lake Regulations PROJECT DESCRIPTION: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. A summary of the proposal is as follows: • Refine City Comprehensive Plan pOlicies as part of a "best available science review" in accordance with GMA, particularly the Environment Element along with other elements. • Amend Renton's Critical Areas Regulations: o Based on a best available science review, amend the Renton Critical Areas Regulations to classify water bodies (streams and lakes), apply buffers based on water body class, allow for alterations subject to performance and mitigation standards, and provide for no-net-Ioss of ecological function. o Based on a best available science review, provide for appropriate amendments to improve or better document the wetland review process. o Based on a comparison with example regulations and review of current studies, make limited amendments to aquifer protection, flood hazard, geologic hazard, habitat conservation, and critical area proced·ural regulations. • Propose Renton Shoreline Master Program amendments to: o Integrate and make limited amendments to Shoreline and Comprehensive Plan policies. o Address Shoreline Use Environment text and map inconsistencies for the Black River and Cedar River at the Maplewood Golf Course and recognize current and planned uses. o Provide for shoreline protection regulations for regulated rivers/streamsllakes, including buffers, similar to the critical area streamllake regulations. • As a result of the above, amend other interrelated regulations, including, but not limited to Land Clearing and Tree Cutting regulations, Title IV variance and permit procedures, as well as others. PROJECT LOCATION: City of Renton Corporate Limits OPTIONAL DETERMINATION OF NON-5IGNIFICANCE (DNS): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21 C.11 0, the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance (DNS). A 14- day appeal period will follow the issuance of the DNS. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: Permits/Review Requested: July 15, 2004 July 19, 2004 Environmental (SEPA) Review Other Permits/Approvals which may be required: Planning Commission Recommendation, City Council Legislative Action, State of Washington Department of Community, Trade and Economic Development, Coordination of State Agency Comments (GMA related items), Puget Sound Regional Council Consultation and ConSistency Review, State of Washington Department of Ecology Approval (Shoreline Master Program Amendments) Requested Studies/Existing Studies or Environmental Documents: An environmental checklist has been prepared. Other background memos and studies related to the proposal include best available science analYSis to establish stream/riverllake buffers and to review existing wetland regulations; a comparison/analysis of example codes and City aquifer protection, flood hazard, geologic hazard, habitat conservation, and critical area procedural regulations; and memos describing Comprehensive Plan and Shoreline policy amendments, Shoreline Use Environment map/text amendments, and Renton Title IV regulation amendments. Location where a~tl.ay be reviewed: ,., Planning/Building/Public Works Di_ - Development Services Department ,., 1055 South Grady Way, Renton, WA 98055 Public Meetings: The subject proposal is part of the City's Comprehensive Plan amendment process for 2004. Public meetings and hearings are planned for the proposal along with other Comprehensive Plan and related items in the Summer and Fall 2004. The subject proposal will be a topic at a community meeting/workshop, scheduled for July 27,2004, Highlands Community Center, 6 to 8 p.m., 800 Edmonds Avenue NE, Renton. More information about the Comprehensive Plan amendment process, including the subject proposal, and public meetings can be found at www.cLrenton.wa.us under the Economic Development/Neighborhoods/Strategic Planning Department. Comments on the above application must be submitted in writing Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on August 2,2004. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Judy Wright at (425) 430- 6575. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Judy Wright, tel: 425-430-6575, eml: Jwright@ci.renton.wa.us I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 So. Grady Way, Renton, WA 98055. File No.lName: LUA04-084 I Critical Areas Code Amendments 2004 NAME: ________________________ ~----------------------- ADDRESS: ______________________________________________ ___ TELEPHONE NO.: ________________ _ m Jones & Stol<es Memorandum ___________________ _ Date: July 15, 2004 To: Rebecca Lind; Judy Wright, City of Renton cc: Laureen Nicolay, City of Renton From: Lisa Grueter, Senior Planner Subject: SEP A Review Draft DEVEClOPMENT PLANNING lTV OF RENTON. . JUL 082004 RECEIVED Attached are two copies ofthe SEPA Review Draft Document-"City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations." One has.a set of original camera-ready documents. The other is a complete set of documents similar to our DOE early agency review notebook / City Council review notebook from March. Also enclosed separately is a Response to Comments matrix. I have also included a CD with originals files and with PDF files. We have submitted the SEP A Review Draft Document (minus the Introduction memo because it is duplicative ofthe required "Project Narrative") to the Renton Development Services Division for processing as a Non-Project SEPA application. Twelve sets have been provided to Development Services. Intended Schedule We are requesting a Notice of Application with an Optional DNS clause. If posted/issued by Monday, July 19 as we requested, the 14-day comment period would close on August 2,2004. We are hoping to present an ERCreport at the ERC meeting August 10,2004. Ifissued with just an appeal period, then the appeal period would close' about August 31, 2004 in advance of the scheduled Planning Commission public hearing. Document Distribution Development Services will address Notice of Application distribution. However, they will need a list of any parties of record provided to them, and I think Judy is working on this. I would suggest adding the following names if they are not already on the parties of record list: Sandra Lange, Planner Floodplain Management Section Shorelands & Coastal Zone Management Program 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com State of Washington Department of Ecology Baran Hall, MS: PV -11 Olympia, WA 98504-8711 1-425-649-7000 360-407-0273 Lange, Sandra [SLAN461@ECY.WA.GOV] Richard K. Robohm Wetland Specialist Shorelands & Environmental Assistance Program State of Washington Department of Ecology -NW Regional Office 3190 -160th Ave. SE Bellevue W A 98008-;5A52:o r.w 3!' , .... --,. ' 1'\ . ~ i oF .... " "..., 425-649-4447" 'i:<' f,',;:, ,i. ;..; fI,: rir0461@ecy.wa.g;oy ! i'. i'it ~.~ ~~~. ~> \t _ \oJ' ~ Daniel E. Penttila·~,!, ~,:'. " .:>.~; ,~ :, ..... ,. ,;r' e ,~~,." Fish Biologist ' . '.' . . WDFW Habitat Program PO Box 1100, LaConner W A, (*257 Tel: (360) 466-4345 X242 FAX: (360 466-0515 e-mail: penttdep@dfw.wa.gov We would suggest sending one complete copy of the SEP A Review Draft packet to Sandra Lange. Along with it we should send a letter thanking Sandra for her review and coordination of comments during the early review phase, a Response to Comments matrix and a Notice of Application. To Richard Robohm, we would suggest sending the Parametrix wetlands review ("Transmittal of Parametrix Review of Wetlands Regulations," Jones & Stokes, July 13,2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004) and the amended policies and code packets ("Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13,2004; and "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004.) We would also suggest sending him a Notice of Application, and a Response to Comments Matrix, along with a transmittal memo. To Daniel E. Penttila we could send a Notice of Application and a Responses to Comments Matrix along with a transmittal memo. If you are in agreement, I can prepare transmittal memos to these agencies or other items as needed. We may want to put it on City letterhead. 11820 Northup Way, Suite E300 • Bellevue, WA 980(i5~i946 • tel. 425 822.1077 • fax 425 822.1079 www.jonesandstokes.com l • I I .. Differences in Notebooks Compared with the March 2004 notebooks, here are differences in the attached packet: • Introduction: Memo updated to address all critical areas, the latest list of work program products, and the schedule status. • Best Available Science: To this section which has A.c. Kindig & Company's literature review for streams and the water class map, we have added the following memos: ·"Transmittal ofParametrix Review of Wetlands Regulations," Jones & Stokes, july 13, 2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004; and "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," Jones & Stokes, July 13, 2004. • Policies: We have updated the memo and attachments to fold in early State Agency comments and a Planning Commission change from April 7, 2004. • Shoreline Map Amendments: No change. • Code Amendments: This section is fully updated to address the code amendments from the additional best available science review of wetlands and the code comparison analysis for aquifer protection, flood hazards, geologic hazards, habitat conservation, and critical area procedures. • SEPA Submittal Documents: Includes the Master Application (for Renton only), the Project Narrative, and the SEPA Checklist. ':~. ,l,j~ You may want to change out Council and Planning Commission notebooks or issue new packets as you see fit. We may want to wait to give the Council and Commission the SEP A documents until after the ERC determination. Please give me a call with any questions. Thank you. DEVELOPMENT PLANNING CITY OF RENTON JUL 08 200't r'~ECEIVED 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com m Jones & Stol{es Memorandum ___________________ _ Date: July 15, 2004 OEVELOPME CITY OF~~~~/NG ,JUL 08200+ RECEIVED To: Laureen Nicolay, City of Renton From: Lisa Grueler, Senior Plann~ Subject: SEP A Submittal-Renton Critical Area Regulations Attached are fourteen copies of the SEPA Review Draft Document -"City of Renton Best Available Science Critical Areas Regulations and Shoreline Master ProgramGMA Integration, Featuring New Stream, River, and Lake Regulations." The following sections are included: • SEPA Submittal Documents: Includes the Master Application (for Renton only), the Project. Narrative, and the SEP A Checklist. • Best Available Science: There are three memos. 1) Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27, 2003; ·2) "Transmittal of Parametrix Review of Wetlands Regulations," Jones & Stokes, July 13,2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004; and 3) "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example C~tical Areas Code," Jones & Stokes, July 13, 2004. There is also a water class map. • Policies: "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13,2004. • Shoreline Map Amendments: "Proposed Renton Shoreline Master Program Use Environment Amendments," Jones & Stokes, March 8, 2004. • Code' Amendments: "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004. Includes proposed code amendments. Please give me a call with any questions. Thank you. 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • t~1. 425 822.1077 • fax 425 822.1079 www.jonesandstokes.com • DEVELOPMENT pLANNING CITY OF RENTON City of Renton . JUL 0 8 2OO't RECEIVED LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) CITY: Renton ZIP: 98055 NAME: N/A TELEPHONE NUMBER AND E-MAIL ADDRESS: 425-430-6575 ADDRESS: iwriaht@ci.renton.wa.us CITY: ZIP: PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: City of Renton Best TELEPHONE NUMBER: Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations APPLICANT (if other than owner) PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: NAME: City of Renton City of Renton Corporate Limits COMPANY (if applicable): City of Rel)ton Economic DevelopmenU Neighborhoods/Strategic Planning Department KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): Attn: Reb~cca Lind, Principal Planner N/A ADDRESS: 1055 S. Grady Way .EXISTING LAND USE(S): N/A CITY: Renton ZIP: ·PROPOSED LANDUSE(S): N/A 98055 EXISTING COMPREHENSIVE PLAN MAP DESI~NATION: TELEPHONE NUMBER 425-430-6575 N/A CONTACT PERSON PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A NAME: Judy Wright EXISTING ZONING: N/A COMPANY (if applicable): City of Renton Economic PROPOSED ZONING (if applicable): N/A DevelopmenU Neighborhoods/Strategic SITE AREA (in square feet): Planning Department SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED ADDRESS: 1055 S. Grady Way FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): N/A Q:web/pw/devserv/forms/planninglmasterapp.doc 07114/04 " .OJECT INFORMATION coenued PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET PROJECT VALUE: N/A ACRE (if applicable): N/A IS THE SITE LOCATED IN ANYTYPE(6{1.Jl,:1~~i·.1~iC::.,I:i\.'~0 NUMBER OF PROPOSED LOTS (if applicable): N/A ;.ft,.IIt.1,.:lH ,( I V 11:1 ENVIRONMENTALLY CRITICAL AREA, P.LEASE INCLUDE SQUARE FOOTAGE (if applicable): p~}{l~;) t~ .JUL NUMBER OF NEW DWELLING UNITS (if applicable): N/A All critical areas addressed in proposed policies/regulations. t~.~-~1 t"';' '-'. :'~ -::'t o AQUIFER PROTECTION AREA ONE 11' , ~ £, ".~: " NUMBER OF EXISTING DWELLING UNITS (if applicable): o AQUIFER PROTECTION AREA TWO N/A o FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF PROPOSED RESIDENTIAL o GEOLOGIC HAZARD sq. ft. BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL o HABITAT CONSERVATION sq. ft. , BUILDINGS TO REMAIN (if applicable): N/A o SHORELINE STREAMS AND LAKES sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o WETLANDS sq. ft. BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE QUARTER OF SECTION _, TOWNSHIP _, RANGE_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. N/A TYPE OF APPLICATION & FEES I List all land use applications being applied for: 1. SEPA Determination -Non Project 3. 2; 4. Staff will calculate applicable fees and postage: $ Q:web/pw/devserv/forms/planninglmasterapp.doc 07/14/04 Project Narrative: City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Featuring New Stream, River, and Lake Regulations July 13, 2004 1. Proposal Overview Renton Planning and Environmental Context Renton is a long established community in the heart of urban King County. The City was founded along the Cedar and Black Rivers and Lake Washington, and incorporated as a City in 1901. Once dependent upon mining and forestry, it is noted for aerospace and truck manufacturing and a transitioning diversified economy. It is home to the Boeing Renton plant, PACCAR, Renton Technical College, Valley Medical Center, the Renton Airport, and many other establishments. A variety of residential neighborhoods, from the historic and revitalizing downtown to the suburban Renton Highlands are found here. With its important regional economy, location at the connection of the I-405, SR-167 and SR-900 highways, active citizens and neighborhoods, and many other features, the City has an extensive history of long-range and strategic planning. While being a largely urbanized community,the City has proactively established a park, recreation, and open space system, including the purchase of environmentally sensitive areas, particularly along the Black River, the Cedar River, and ~. Springbrook Creek. The City prepared a new Comprehensive Plan consistent with the State of Washington Grb~ Management Act (GMA) in 1995 addressing land use, transportation,: " housing, utilities, capital facilities, economic development, downtown, environment, and other key community topics. The City participates in regional planning forums such as the GroWth . Management Planning Council of King County and watershed planning efforts (WRIAs). . The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, and protecting environmentally sensitive areas, among other goals (RCW 36.70A.020). GMA requires protection of wetlands, aquifer recharge areas used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas (RCW 36.70A.030).Since the original GMA was instituted in 1991, GMA has been amended with respect to critical areas, particularly to require the use of "best available science" in critical area policies and regulations and consideration of anadromous fish species. Partly in response to GMA, the City of Renton adopted Critical Area Regulations between 1989 and 2000. The City regulations currently address: • Aquifer Protection Areas • Geologically Hazardous Areas • Habitat Conservation Areas • Frequently Flooded Areas; and • Wetlands July 13, 2004 1 DEVELOPMENT PlANNING CITY OF RENTON, ·JUL 0 8 200't RECEIVED Jones & Stokes I The City Critical Area Regulations "reserve" a section to address the protection of streams and lakes, which otherwise are minimally addressed in the City's Tree Cutting and Land Clearing regulations (25 foot setback from waterbodies). Given the status of the stream regulations, the focus of the City's efforts to comply with the GMA best available science provisions relates to streams, and a series of recommendations by the consultant team have been prepared to establish water classifications, buffers, and other related items. However, to document the City's compliance with best available science for the re~aining GMA critical area topics and effectively use the City's resources, more limited scope reviews and evaluations have been conducted. These limited scope reviews include a best available science evaluation of wetland regulations, as well as a comparison of the City's aquifer, flood hazard, geologic hazard, and habitat conservation regulations to the State Department of Community Devel~pment's Example Critical Areas Code. Purpose and Objectives The purpose ofthe City of Renton Best Available Science Critical .Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. Specific objectives are to: • Refine City Comprehensive Plan policies in light of Best Available Science particularly the Environment Element. • Provide a best available science literature review addressing streams/rivers, and lakes, and based upon the literature review develop buffer requirements. The review program includes recommendations to amend the Renton Critical Areas Regulations to classify water bodies, apply buffers, and provide for no-net-Ioss of ecological function. • Document a best available science review of the City's wetland regulations, and provide for appropriate amendments to improve or better document the wetland review process. • Compare the City's aquifer protection, flood hazard, geologic hazard, and habitat conservation regulations against the State of Washington Department of Community, Trade, and Economic Development Example Critical Areas Code and propose amendments as appropriate. • Propose limited Shoreline Master Program amendments to integrate Shoreline and Comprehensive Plan policies, address text and map inconsistencies, and provide for shoreline protection regulations. These limited amendments would apply in the interim until full Shoreline Master Program Update is accomplished in accordance with the new SMA schedule (2009 for the City of Renton): Integrate Shoreline Master Program Goals and Policies into the City Comprehensive Plan, essentially intact. Limited policy amendments are proposed to address use priorities ofRCW 90.58.020 (differentiate between Shorelines of Statewide Significance and all other Shorelines of the State that are found in the City). Amend Use Environments Map for the Black River and Cedar River at the Maplewood GolfCourse,to1address.shoreline Master Program text/map conflicts and an unclassified "· .. li/d~\;~V,,,,~"'t ; t.·t~l\Ii""C· I h:·~I· annexed area. Field!reyj:(;!w.:an.a·'~'rialysis were conducted for the limited map amendments. For these areas regulations would be applied consistent with environmental limitations and existi~gtu~es) 1: l Address shorelin~ PIRt~f.t~?"I(I~~~lations, including buffers, in the Shoreline Master Program to provide fdfequivalent protection per State legislation (ESHB 1933), while responding to use priorities ofRCW 90.58.020. July 13, 2004 2 Jones & Stokes -. The work program has produced a variety of documents and issue papers: • "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration," Jones & Stokes, July 13,2004. • Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27, 2003. • Stream/lake classification results are included in the 2003 draft Renton Water Class Map prepared by AC Kindig & Company and Cedarock, in conjunction with Renton Neighborhoods & Strategic Planning staff. • "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13, 2004. • "Proposed Renton Shoreline Master Program Use Environment Amendments," Jones & Stokes, March 8, 2004. • "Transmittal ofParametrix Review of Wetlands Regulations," Jones & Stokes, July 13,2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004. • "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," Jones & Stokes, July 13, 2004. • "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004. Includes proposed code' amendments. Each of these documents is available under separate cover from the Renton Economic DevelopmentiNeighb()rhoods/Strategic Planning Department, as well as the City ofRentol! website (www.c1.renton.wa.us/. under the Department name). . A summary of each amended City Plan or Code -Renton Comprehensive Plan, Renton Shoreline Master Program, and Renton Critical Area Regulations -is provided below, addressing current policy/regulatory approaches and proposed amendments. 2. Renton Comprehensive Plan and Shoreline Master Program Policies Renton's Comprehensive Plan policies provide the framework for the City's regulations. The City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA"Integration project includes a review of the City's Comprehensive Plan and Shoreline Master Program (SMP) policies for consistency with the Growth Management Act (GMA), Shoreline Management Act (SMA), particularly SectionsRCW 90.58.020 and RCW 90.58.100, and basic scientific principles and standards identified in the Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," February 27,2003 by AC Kindig & Co. and Cedarock Consultants. The proposed policy amendments accomplish the following: • Growth Management Act (GMA): Per GMA requirements, the SMP policies are incorporated into the Renton Comprehensive Plan Land Use and Environment Elements. • Shoreline Management Act (SMA) SMP Policy Amendments: July 13, 2004 3 Jones & Stokes I Shoreline "element" topics unaddressed in Renton SMP (per RCW 90.58.100) consisting of His toricl Cult urall Scientific lEd ucationa I and Flood Damage Prevention are incorporated. Additionally; a proposed restructuring of shoreline use priority policies is suggested to better match the SMA use preferences along both Shorelines of the State and Shorelines of Statewide Significance. To meet the use preferences in RCW 90.58.020, land use policy amendments are proposed as follows; o General provisions that apply to any shoreline activity or use are grouped -e.g. policies having todo with niinimizingpollution, ensuring public access is respectful of private property rights, etc. o Use preferences applicable to Shorelines of the State (all regulated shorelines) except Lake Washington are grouped, and the language takes much direction from the RCW 90.58.020 use preference policies. o Use preferences applicable to Shorelines of Statewide Significance, i.e. Lake Washington, are provided, and follow from the specific use priority order in RCW 90.58.020, as well as Renton SMP regulations and defmitions that indicate how uses can be allowed within this priority system if they provide significant public access. • Best Available Science: Policy amendments have been proposed to the Environment Element primarily as well as to the Transportation, Utilities, DowntoWn, and Economic Development Elements as a result of Best Available Science Review. Generally the amendments consist of policy refmements, with the primary changes related to the rivers and stream policies and floodplain policies of the Environment Element. In particular, these amendments are intended to lay the groundwork for the regulatory approach to stream. classifications, buffers, and other items. The amendments are the result of the City's ESA Task Force review in 2002, the City's project team for the Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, and early State Agency input in May 2004 (State of Washington Department of Ecology). . 3. Renton Shoreline Master Program -Use Environments . Shorelines of the State are required to be classified into "use environments" based upon current development patterns, biophysical capabilities, and other factors. Policies, standards, and regulations can be customized by use environment, shoreline, and use depending on needs, and functions similar to a zoning overlay district. Generally, regulated shorelines include the water bodies and their shorelands extending landward from thefloodway or ordinary high water mark for two hundred (200)feet in all directions (whichever is greater). This jurisdictional area" increases to include all marshes, bogs, swamps, and river deltas, associated with the regulated Shorelines of the State. The total of this area is subject to shoreline use classification and regulation. The City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project includes amendments to the Renton Shoreline Master Program (SMP) Shoreline Use Environments to address some inconsistencies and omissions: . • Black River: The City's adopted Shoreline Use Environment Map classifies both"banks of the River as Natural, but the SMP text states the Environment only applies to the north bank. By default, according to the text,the south bank is Urban. July 13,2004 4 Jones & Stokes • Cedar River: The City's annexations of the Maplewood Golf Course property/area in 1985 and 1988 were not reflected in the City's adopted SMP. When an annexation occurs, the SMP provisions of the adopted plan for that area (i.e. of the prior governing agency -King County) would apply until amendments are made and approved by the City/State SMP of the City that annexed the area. (WAC 173-26-160) • Aquatic portion of the lakes/streams: It is unclear in the text of the SMP regarding what Use Environment applies to the aquatic portion of the regulated waterbody. To assist with City decision-making, it should be clarified if shoreline environment classifications extend to the aquatic portion of the lakes/streams. Based on a review of the SMP criteria and current shoreline environmental conditions, recommendations to address the inconsistencies include: Table 1. Summary of Use Environment Classification Recommendations Location Current Class Proposed Class Black River -North Natural (map and text) Natural, e~t of Monster Bank Road; allow for habitat enhancement; flood control, and potentially limited public access. West of Monster Road, Urban Black River -South Natural (map) Conservancy, east of Bank Urban (text) Monster Road West of Monster Road, Urban Cedar River along Golf Not classed in Renton Conservancy Course and Ron Regis SMP. King County Park -North Bank applies Conservancy. Cedar River along Golf Not classed in Renton Conservancy; amend Course and Ron Regis SMP ... King County .use allowances for Park -South Bank applies Conservancy. active recreation Aquatic Areas -All Unstated. In practice Amend the SMP text to Shorelines through permit reviews, indicate that Use aquatic areas are Environments are applied the same Use applied to shorelines - Environments that are extending to both the applied to "shorelines". shore lands as well as the centerline of the watercourse or City limits as appropriate (e.g. Lake Washington). Source: Jones & Stokes Current and proposed Shoreline Master Program Use Environment Maps are attached. July l3, 2004 5 Jones & Stokes 4. Renton Critical Areas Regulations (CAR) and Shoreline Master Program (SMP) Regulations Aquifer Protection Areas (CAR) The City of Renton water supply is obtained from four sources: • The Cedar Valley Sole Source Aquifer • Springbrook Springs • Maplewood Production Aquifer • We1l5A These sources are protected by designating aquifer protection area zones (AP A zones) and restricting land use, limiting and restricting hazardous materials, and establishing construction activity standards, fill quality reporting, and stonnwater management requirements within the zones. Renton's AP A zones are defmed as follows: • Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour.· • Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from an aquifer that is partialiy protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by exemptions. • Zone 2: The land area situated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City may choose not to subdivide an AP A into two (2) zones. In such a case, the entire AP A will be designated as Zone 2. The City's Aquifer·Protection Area Regulations include the following: • Designation of Zone 1, Zone 1 Modified, and Zone 2 Aquifer Protection Areas (APAs) as described above. • Establishing Operating and Closure Permit requirements for facilities in all Zones • Requiring removal of existing facilities in Zone 1 if they storeihandle/treatlproduce hazardous materials in quantities greater than 500 gallons • Perfonnance standards, all AP A Zones Requiring secondary containment -Requiring hazardous materials monitoring and providing standards for release restrictions, including in Zone 1 added site monitoring and site improvement standards to protect against hazardous materials release Limiting application of pesticides and nitrates near wells and springs Establishing wastewater disposal requirements Establishing surface water management requirements -Regulating pipelines -Providing construction activity standards and fill material requirements -Regulating existing solid waste landfills . • Zone 1 Modified is similar to Zone 1 except that: Existing facilities are not subject to the 500 gallon hazardous material quantity and they would not have to relocate or reduce inventory July 13, 2004 6 Jones & Stokes Existing septic tanks are allowed and new septic tanks would be allowed if City sewers were not available Infiltration of stormwater would be allowed as with Zone 2 Existing facilities would not be subject to site improvements (e.g. groundwater monitoring, paving, stormwater management improvements, etc.) The City's regulations are similar to the State Example Code in intent, and are tailored to the City's critical aquifers. A minor amendment to replace the aquifer protection zone map in RMC Figure 4-3-050Ql with map patterns that better distinguish between Zone 1 modified and Zone 2 is proposed. A discretionary code amendment could be included to allow the City to require a hydrogeologic assessment if a proposal has a potential to significantly affect groundwater quantity or quality: Otherwise, amendments or added regulations are not recommended. Flood Hazard Areas (CAR) Floodplain hazard areas, including the 100-year floodplain and floodways, are designated along the City's major streams including: • May Creek • Cedar River • Black River • Springbrook Creek Additionally floodplains of the Green River extend into the City limits along the western city limit boundary shared with TukWila. The City imple~ent.s the Federal Emergency Management Agency (FEMA) Model Floodplain Management Regulations (RMC 4-3-0501), which allows flood insurance to be soldin the City . . It designates areas of flood hazards and applies construction standards for residential and nonresidential development in the flood hazard areas. It is recommended that the City continue with its Flood Hazard regulations with the following adjustments: • Add the State DOE requested amendments to address updates to the Federal/State Model . Flood Da~agePrevention Ordinance, or to address other clarifications, in order to maintain flood insurance eligibility. These include: Definitions need to be added or amended, especially "basement" and "development," to specifically implement the flood hazard regulations. . RMC 4-3-050.I.3.b.i and ii, Manufactured Homes: Minor revision to indicate that the foundations be " ... securely anchored to an adequately designed anchored foundation system to resist flotation, collapse, and lateral movement." RMC 4-3-050.I.3.c, Nonresidential Construction. Subsection c.i needs to be amended as follows to ensure the City receives credit towards insurance rates: i. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; RMC 4-3-050.I.4.b, the last sentence should be amended to match the most recent State Model: ii. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with July 13, 2004 7 Jones & Stokes existing health, sanitary, or safety codes or to structures identified as historic places shall- not be included may be excluded in the fifty percent (50%). • Require the use of additional information that is more restrictive than Flood Insurance Rate Maps. The primary concern is to regulate mapped flood hazard areas and establish base flood elevations based on federal studies. However, appropriate situations where the City could require additional future flood information include: development in unmapped areas or bridge construction proposals. Geologic Hazard Areas (CAR) Geologic risks in theCity of Renton include: • Erosion hazards • Landslide hazards • Seismic hazards • Coal mine hazards • Steep slopes, including sensitive slopes 25-40% and protected slopes greater than 40% (often considered to be a landslide hazard) • To a lesser extent there is apotential for volcanic hazards. The adopted Geologic Hazard regulations: • Classify hazards using criteria. Based upon a report prepared by GeoEngineers Inc. for the City of Renton in 1991, the regulations include criteria for landslide hazards, erosion hazards, seismic hazards, and coal mine hazards. Maps of these hazards are to be used as references. • Address exe~ptions within Geologic Hazard areas. • Require peer review of geotechnical reports for properties with slopes 25% or greater, and Medium, High or Very High Landslide Hazards. Independent peer review of geotechnical reports may be required for properties with High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: For any of the hazards, conditions of approval may include . modifying construction techniques, design, drainage, project size/configuration, or s~asonal constraints on development. • Address slopes between 25-40% that do not have identified erosion or landslide hazards, by requiring peer review of geotechnical reports, erosion control plans, and weekly erosion control inspections. The regulations would also authorize cOIiditions of approval which may include modifying construction techniques, design, drainage, project siz~/configuration, seasonal constraints on development, vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. These same potential conditions of approval apply to lands with Medium and High Landslide Hazards and High Erosion Hazards. • Restrict development on slopes over 40%. Exceptions include man-made slopes (e.g. from legal mining operations) pursuant to a modificatiof!., a single family dwelling on a lot of record pursuant to a variance; p~blic utilities needed to protect slope stability, and public road widening where alternative locations are infeasible. Modifications may be allowed such as allowing fill at the base of a 40% slope. As with other modifications, report submittal, and review criteria would apply. . • Restrict the creation of lots h~ving a predominant 40%+ slope. • Require a buffer of 50 feet from a Very High Landslide Hazard Area, which may be . increased or decreased administratively based upon a geotechnical report. . July 13, 2004 8 Jones & Stokes • Provide a review process for Coal Mine Hazards. The regulations require a report to document potential Coal Mine Hazards, authorize conditions of approval, and indicate requirements for mitigation during construction. • Establish detailed report preparation requirements for each potential hazard located on a site. The regulations are comparable to the State Example Code. Minor improvements to the City's adopted geologic hazard regulations are proposed below. • To strengthen the City's general performance standards, the following review criteria are proposed to be added: The proposal will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; The proposal will not adversely impact other critical areas. The criteria would also state that the development must be safely accommodated, summarizing other geologic hazard standards in the City's code. • The regulations would newly address volcanic hazards. The risk is generally low, and could include inundation due to lahar sedimentation or ashfall (tephra) The proposed regulations would require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green River Inundation Area as mapped by the USGS to demonstrate adequate engineering standards regarding volcanic hazard risks and an evacuation and emergency management plan. " Habitat Conservation Areas" (CAR) The City of Renton and its Potential Annexation Area contain habitats supporting Wildlife"" species. A key source of information about wildlife, including those endangered, threatened, and sensitive, is available from the Washington State Department ofFish and Wildlife (WDI:W) Priority Habitat and Species (PHS) Program. Priority habitats in the City of Renton include wetlands;riparian corridors, and urban natural open space. The lake, rivers, and creeks support anadromous fish runs. Other priority species include bald eagles, osprey, great blue herons, and other waterfowl. The City's Habitat Conservation Regulations address: • " Criteria defining "critical habitat." Critical habitat includes: species that are listed as endangered, threatened, sensitive, monitor, or priority by Federal or State agencies; heron rookeries or raptor nes"ting areas, Category 1 wetlands; and shorelines designated as Natural or Conservancy in the Shoreline Master Program. • Habitat assessments. Reports are required, and peer review may be required. • Native Growth Protection Areas. Critical habitats are to be placed in Native Growth Protection Areas. • Disturbance. If a critical habitat area is to be altered, impacts are to be avoided, minimized or compensated. Mitigation may be required based upon submitted reports, or information from State or Federal agencies. The City regulations provide a comparable review process for habitat conservation areas in comparison to the State Example Code. Potential minor measures to enhance the City's regulations are suggested -to reference State standards for bald eagles, and to clarify that activities adjacent/abutting to designated habitat conservation areas may be regulated. July 13,2004 9 Jones & Stokes I Also, amendments for streams would remove "shorelines designated as Natural or Conservancy in the Shoreline Master Program" as habitat conservation areas since streams and shorelines . would have a separate proposed set of regulations including buffers, and amendments clarify that Habitat Conservation regulations apply to non-salmonid species, while stream regulations address primarily salmonid species. . Streams and Lakes (CAR and SMP) The proposed major regulatory changes are to add stream and lake buffer requirements to the Renton Critical Areas Regulations and Renton Shoreline Master Program. In both sets of regulations, the regulations address the following key concepts (attached flow charts demonstrate the regulatory approach): • Classification: A five-level stream typing system based on whether the water is salmonid- bearing, and water body flow characteristics. Among the salmonid-bearing classes, the differentiation is based on whether the water body is a major watercourse versus a tributary. Among non-salmonid bearing waters, the distinctions are perennial versus intermittent flows, and artificial channels. A process is included to help classify unclassified streams. As laid . out in the regulations Class 1 streams are consistent with designated Shorelines of the State (as well as consistent with mapped Chinook presence) and therefore are addressed in Renton Shoreline regulations (see below). Class 2 to 4 water bodies, salmonid bearing and non- salmonid bearing, receive the most attention in the Critical Area Regulations. Class 5 water bodies are manmade streams and are not regulated. The attached map identifies the draft water class map. • I1mer and Outer Buffer Zones: As a result of Best Available Science review, the proposed stream/lake buffers would increase from 25 feet (required in Tree CuttinglLand Clearing Regulations today) to a range of 35 to 100 feet depending on stream class and salmonid use. To allow for' some changing environmental conditions and fimctions in an area, such as that riparian fimctions diminish with distance or to recognize existing urban development, the concept of "inner versus outer zones" is proposed. The "outer buffers" standard refers to standard un-enhanced buffer widths. "Inner buffers" refers to the possibility of reducing the standard buffer width with enhancement (range of25 to 75 feet). Standards for redevelopment are also included, i.e. recognizing that a natural buffer may not be possible on an already highly urbanized sit~ in which case the buffers fimction as setbacks, and standards indicate no addition of impervious surfaces is allowed although they may be rearranged. • Defined Rules versus Variable Rules Meeting Environmental Objectives: Two . regulatory approaches would be incorporated - a Standard path where if a water body is classified and buffer standards or other regulations are met, development may proceed -or an Alternative path, either where conditions may not be well known requiring more in depth review and analysis of appropriate standards or where an applicant wants to vary.a standard but the City needs to be assured that ecological functions are protected. This is translated into activities that may proceed according to standard criteria with standard report/analysis requirements versus those that must provide supplemental analysis/mitigation plans and respond to discretionary criteria. • General Principles -Avoidance and No-Net-Loss of Function: The regulations promote: a) avoidance of the strearnllake and associated buffer and b) no-net-Iossof ecological functions if avoidance is not possible (or development already exists within the new,larger . buffers). Specific to the Shoreline Master Program Regulations, other amendments include: July 13,2004 10 Jones & Stokes • SMP Sections E to I: In the Renton SMP Regulations, amendments to sections describing Shoreline Use Environments are incorporated as noted in Section 3 of this Project Narrative. Essentially, these amendments address the map environments and use allowances applicable to the Black River and eastern extent of Cedar River in the City primarily to address text/map conflicts and an unclassified annexed area. • SMP Section J: Renton SMP Section J provides for general standards applicable to all development. It is in this location that shoreline buffers/setbacks are added. Approaches to the buffer/setbacks are also provided similar to those described above. To address the use priorities of the Shoreline Management Act while addressing shoreline protection, the ability to reduce buffers/setbacks requires an evaluation, and the potential reductions vary according to use priority. • SMP Section K: Following from Use Environment amendments (sections E to 1) as well as review of model ordinances, some amendments to development standards for trails, roads and utilities are included and are similar to the stream/lake standards included in the Critical Areas Regulations. • SMP Nonconforming Uses: When nonconforming use and development standards (for "grandfathered" uses or buildings) do not exist in a local government's Shoreline Master Program, the definitions and standards of Washington Administrative Code (WAC) 173-27- 080 apply, and these address continuation of nonconforming structures, nonconforming uses, replacement after acts of God, and other provisions. Renton's SMP has not contained nonconforming regulations and to this date would have been subject to the State WAC requirements which are more strict in terms of procedure (e.g. requirements for a Shoreline Conditional Use Permit in some cases) than the City's standard nonconforming regulations. However, it is important that the City have some consistency in its nonconforming standards. Renton's Title 4, Chapter 10 contains the City of Renton's nonconform~g structure and use standards that generally apply in the City, and it is proposed that.the City's Shoreline Master Program incorporate these. Wetlands (CAR) In 1991, the City inventoried and identified approximately 367 acres of wetlands within the CitY limits. Within Renton's sphere of influence, approximately 1,067 acres of wetlands were identified. Wetland types found in Renton and its sphere of influence include bogs, emergent marshes, shrub/scrub, forested and old growth wetlands. Most of the wetlands are adjacent to rivers and streams although other smaller concentrations are found elsewhere. Most are located in the "Valley" area of Renton inside the City limits. Wetland inventories have been updated in. some portions of the City, such as through the City's 1997 Eastside Green River Wastershed Plan and Environmental Impact Statement. . The City's wetland regulations classify wetlands, require wetland assessments, provide buffer standards, and establish wetland mitigation standards including replacement ratios. A best available science review of Renton's wetland regulations found that the City's wetland regulations are supported by current best available science for wetlands in Washington State: Several amendments are proposed to improve or better document the City's decision-making process, including: • Exemptions for small Category 2 and 3 wetlands should be modified -those that provide functions should not be exempt. July 13, 2004 11 Jones & Stokes • Exemptions for ongoing agriculture, vegetation management, stormwater management facilities in buffers, and trails and open space facilities in buffers should be amended to ensure deminimus impacts. . • A measure to enhance the City's classification system could be to reference or translate the State Department of Ecology's rating system to the City's (meaning identify how the State's four~way system translates to the City's three-way class system). However, at present, the City's wetland class system was found to be sound. ., • Wetland classification criteria relying on the County's 1991 inventory should be deleted. Vague terms in the classification system should be amended (e.g. plant associations of infrequent occurrence and headwaters). • Wetland assessments should be required for proposals within 300 feet of a wetland rather than 100 feet. This is because in some cases the City may wish to expand wetland buffers beyond standard requirements. • The City's standard buffers were found to meet best available science. It was recommended buffer size determinations (particularly buffer reductions, buffer averaging, modifications, variancesand similar) should document how be,st available science is met. A particular reference/method is suggested: The Scienc:e o/Wetland BujJersand Its Implications/or the Management o/Wetlands, McMillan 2000. . • . Since the City's buffer averaging criteria include science based provisions (e.g. variation in wetland sensitivity), it was recommended that reasonable use be removed as a criterion for buffer averaging. • Review criteria to expand buffers should be amended to remove vague teims. • Definitions of restoration, creation, and enhancement as well as protection/maintenance should be revised to be consistent with State and Federal agencies. • Enhancement criteria should be amended to allow some desirable changes in functions. • Off-site mitigation may be more desirable than on-site mitigation, and some criteria are proposed for' amendment. Critical Area Review Procedures., Either in the City's Critical Areas Ordinance (RMC 4-3-050) or in administrative sections such as 4-1,4-8, and 4-9, Renton's regulations provide comprehensive critical areas procedures, such as defining regulation purposes, applicability and exemptions, submittal requirements, general performance standards, review criteria, variances and exceptions, and enforcement. The City's procedures provide for structured review of development applications and determination of appropriate conditions. . To meet Washington Administrative Code (WAC) rules that direct the City to consider best available science where variations to regulations are proposed, to address common performance standards in addition to buffers, and to clarify the application of regulations, some amendments are proposed: • The City should include best available science review criteria for administrative buffer reductions, administrative modifications; and administrative and Hearing Examiner variances. • Submittal requirements for projects that could impact critical areas and propose mitigation plans, or those that propose buffer reductions, should demonstrate that best available science was used in determining the reduced standard and/or in developing mitigation plans. July 13,2004 12 Jones & Stokes -. • The City regulations do not specifically require a building setback in addition to a buffer requirement, although the critical area regulations do provide staff latitude to apply conditions, and SEPA provides another review and mitigation process. There may be instances where the City would want the authority to require a building setback to ensure long-term maintenance of development without eroding a buffer's protectiveness. A general standard allowing the City to condition a proposal to apply a building setback is included. It would be discretionary. • It is recommended that the City clarify that applicants are responsible for other permits outside of the Critical Area Regulations. Other As part of incorporating stream and buffer protection requirements and other critical area amendments, consistency amendments are needed to the City's Tree Cutting and Land Clearing Regulations, permit submittal requirements, State Environmental Policy Act review, Nonconforming Uses, Variance procedures, and Definitions. 5. Public Review Process and Schedule The City of Renton Best Available Science Critical Areas Regulations arid Shoreline Master Program GMA Integration project is being reviewed as part of the City's Comprehensive Plan Update in response to the GMA requirements for periodic review ofthe Comprehensive Plan. It is anticipated that the Comprehensive Plan Update including the Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project will be adopted by December 2004 to comply with GMA deadlines. Prior to adoption, opportunities for public review will include: • Notice of Application comment period in July 2004;, • Public open houses/meetings in Summer 2004 (particularly July 27,2004, Highlands Community Center, 6 p.m.); • Planning Commission and City Council meetings and hearings in Summer and Fall 2004. Additional information can be obtained at the City's website under the Renton Economic DevelopmentlNeighborhoods/Strategic Planning Department page (www.ci.renton.wa.usD. July 13, 2004 13 Jones & Stokes e. :SHOJ(ELINE:ENMmON-MENTS E..NV[.R(j,NME~' Urb~Il ,."',., :--. COnser'l~n(:;)'"".f J'rM.i:tra:L .... '/:;.r.,,:' Figure 5-1 Renton Shoreline Master Program Environments :lI; • Vi&Hiu;~~~r' :.~~ l1J~;~;';0J>' 2"'''::isq;.,-''' '~&ioftfui:siim~ ·~~~(b~...;:~:·;r·'··" ';' ~e·'.I!Ist:etPr·······.' '., it\:thiR~~=~!" ;g~,f~!~'. ····'··,~fn~~\~~~J Renton Shoreline Master Program, Appendix A Map City of Renton Shoreline Environments Map There may be wetlands and floodways associated with other Shorelines of the State within the City of Renton that are not shown on this map. Those associated wetlands and f100dways are also govemed by the City's Shoreline regulations. DRAFT Urban Environment Conservancy Environment Natural Environment Water Class 1 City Limits Rentln: Prlposed Relulatlons ollton-bIIlPlld IClhdlles In or AbDUlnl Class 2 tl5 Waters r-------------- ..................................... : Exemptions Summmy ............................................... ; ............................................ '. Ilw~~~~~;~J~~tf~~;~~;i~1 ........................ !;M!:~l!~~i~~t;;!~~~;~*;~~';1 '" e {i!ffit~t~j1~~\~4~fr~1~f :. .. .... ~----------------------------------------------- Blllln: Pre.oad BIIIlIo ••• I ACIIVIIIS In .r 8l1li1111118 1 Wlters r---------------------------------Alternative Standards e e ------------------------------------------------------------------- City of Renton -Water classes ~+ Alex Pietsch. Admmlstrdlor e Economic Development, Neighborhoods & Strategic Planning + ~ G. DcI Rosarin DRAFT 15 October 2003 Renton City Boundary PAA Boundary Class 1 Class 2 Class 3 Class 4 Culvert o I 3000 ; 1 : 36000 6000 I '" --\-- DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: OEVaOPMENT PLANNING . CITY OF RENTO"'" ,JUL 082004 . REr.I=IVED The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental"agencles to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable Significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be' done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your· proposal are Significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the ariswer, or if a question does not apply to your proposal, write "do not know" or "does not apply". . Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. . The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your propo~al or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project,'" "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. Environmerital Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS _Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP .doc July 13, 2004 I A. BACKGROUND 1. Name of proposed project, if applicable: City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New S~eam, River, and Lake Regulations. . 2. Name of applicant: . )~'1'i'~'1AJ"1 \"v1-:\1\(,40 j:).i{3ti· '.' . . , ,~ .. -"""""J,~ ... r'r~.rr\ t'!~{!eitY oflR:entcin, Economic Devel0I>mentlNeighborhoods/Strategic Planning Department "0" ,) \l I i II . 3. :~,bAdi:iressaf1d phone number of applicant and contact person: :~A ...... ~. 4'i·t:":\\"""\.~:\·t} t; :~AppliCaIit:,~" City of Renton Economic DevelopmentlNeighborhoodsiStrategic Planning Department 1055 S. Grady Way Renton, W A 98055 Contact: Judy Wright 425-430-6575 4. Date checklist prepared: July 13, 2004 5. Agency requesting checklist: 6. City of Renton' Proposed timing of.schedule (including phasing, if applicable): The City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is being reviewed as part of the City's Comprehensive Plan Update in response to the GMA requirements for periodic review of the Comprehensive Plan. It is anticipated that the Comprehensive Plan Update including the Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project will be adopted by December 2004 to comply with GMA deadlines. Prior to adoption; opportunities for public review will include: • Notice of Application comment period in July 2004; • Public open houses/meetings in Summer 2004 (particularly July 27,2004, Highlands Community Center, 6 p.m.); • Planning Commission and City Council meetings and hearings in Summer and Fall 2004. Additional information can be obtained at the City's website under the Renton Economic DevelopmentlNeighborhoods/Strategic Planning Department page (www.ci.renton.wa.usD. 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. As part of phased environmental review in accordance with SEP A rules, the City or applicants will prepare site-specific environmental analysis of developm~nt or infrastructure proposals. The applications will be subject to the proposed City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration policy and regulation amendments when adopted in final form. Environmental Checklist: BAS, CAR and SryTP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _ BAS\BAS_ Supplemental\CAO _ SEPA_Submit\SEPA\envchlst_ CARSMP.doc 2 .f; 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The work program has produced a variety of documents and issue papers: • "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration," Jones & Stokes, July 13, 2004. • Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27,2003. • Streamllake classification results are included in the 2003 draft Renton Water Class Map prepared by AC Kindig & Company and Cedarock, in conjunction with Renton Neighborhoods & Strategic Planning staff. . • "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13, 2004. . • "Proposed Renton Shoreline Master Program Use Environment Amendments," Jones & Stokes, March 8,2004. • "Transmittal ofParametrix Review of Wetlands Regulations," Jones & Stokes, July 13,2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004. • "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," Jones & Stokes, July 13, 2004. • "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13,2004. Includes proposed code amendments. Each of these documents is available under separate cover from the Renton Economic DevelopmentJNeighborhoods/Strategic Planning Department, as well as the City of Renton website (www.ci.renton.wa.us/. under the Department name). A slllDffiary of each amended City Plan or Code -Renton Comprehensive Plan, Renton Shoreline Master Program, and Renton Critical Area Regulations -is provided in the attached Project Narrative (Appendix A). . 9. Do you know whether applications are pending for govemm~ntal approvals of other. proposals directly affecting the property covered by your proposal? If yes, explain. Not applicable. 10. List any governmental approvals or permits that will be needed for your proposal, if known. SEPA Threshold Determination Planning Commission Recommendation City. Council Legislative Action State of Washington Department of Community, Trade and Economic Development, Coordination of State Agency Comments (GMA related items) . Puget Sound Regional Council Consultation and Consistency Review State of Washington Department of Ecology Approval (Shoreline Master Program Amendments) 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. Specific objectives are to: Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City 01\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS_ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP.doc 3 • Refme City Comprehensive Plan policies in light of Best Available Science particulafIy the Environment Element. • . Provide a best available science literature review addressing streams/rivers, and lakes, and based upon the literature review develop buffer requirements. The review program includes recommendations to amend the Renton Critical Areas Regulations to classifY water bodies, apply buffers, and provide for no-net-loss of ecological function. • Document a best available science review of the City'swetland regulations, and provide for appropriate amendments to improve or better document the wetland review process. • Compare the City's aquifer protection, flood hazard, geologic hazard, and habitat conservation regulations against the State of Washington Department of Community, Trade, and Economic Development Example Critical Areas Code and propose amendments as appropriate. • Propose limited Shoreline Master Program amendments to integrate Shoreline and Comprehensive Plan policies, address text and map inconsistencies, and provide for shoreline protection regulations. These limited amendments would apply in the interim until full Shoreline Master Program Update is accomplished in accordance with the new SMA schedule (2009 for the City of Renton): Integrate Shoreline Master Program Goals and Policies into the City Comprehensive Plan, essentially intact. Limited policy amendments are proposed to address use priorities ofRCW 90.58.020 (differentiate between Shorelines of Statewide Significance and all other Shorelines of the State that are found in the City). Amend Use Environments Map for the Black River and Cedar River at the Maplewood Golf Course to address Shoreline Master Program text/map conflicts and an unclassified annexed area. Field review and analysis were conducted for the limited map amendments. For these areas regulations would be applied consistent with environmeritallimitations and existing uses. Address shoreline protection regulations, including buffers, in the Shoreline Master Program to provide for equivalent protection per State legislation (ESHB 1933), while responding to use priorities ofRCW 90.58.020. A summary of each amended City Plan or Code -Renton Comprehensive Plan, Renton Shor~line Master Program, and Renton Critical Area Regulations -is provided in the attached Project Narrative (Appendix A). 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: . The policies and regulations would apply to the City of Renton Corporate Limits. Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _SMP _BAS\BAS _ Supplemental\CAO _ SEPA_Submit\SEPA\envchlst..:. CARSMP.doc 4 » It; B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other ______ _ The City contains a variety of topographic features, including flat terrain in the Valley along SR167, hills and slopes such as the Renton Highlands and Kennydale Hill, and other pockets of steep slopes. Renton's Steep Slope map is provided.in Appendix B. b. What is the steepest slope on the site (approximate percent slope?) The City has mapped slopes 25 to 40% and greater than 40%, as shown on the Steep Slope map in AppendixB. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you kqow the classification of agricultural soils, specify them and note any prime farmland. A variety of soil types including clay, sand, gravel, and hydric, are found in the City. As an urban area there is little fannland that remains. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. The City has mapped the following types of geologic hazards in the City limits: • Erosion hazards • Landslide hazards • Seismic hazards • Coal mine hazards • Steep slopes, iDcluding sensitive slopes 25-40% and protected slopes greater than 40% (often considered to be a landslide hazard) . To a lesser extent there is a potential for volcanic hazards. Appendix B provides mapped hazard areas. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. . . Not applicable to this non~project action. Future site-specific development would be subject to environmental review as appropriate. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS _Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP.doc 5 Measures are not required for the non-project action. The proposal will provide a means to mitigate the impacts of future site-specific development. The regulations maintain development precautions in areas of geologic hazards. Minor improvements to the City's geologic hazard regulations are proposed: • Additional review criteria are proposed to ensure development is safely accommodated. • The proposed regulations would newly address volcanic hazards and require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green River Inundation Area as mapped by the USGS to demonstrate adequate engineering standards regarding volcanic hazard risks and prepare an evacuation and emergency management plan. 2. AIR a. What types of emissions to the air would result from the proposal (Le., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. . . Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable to this non-project action. Future site-specific development would be subject to environmentaI-review as appropriate. 3. WATER a; Surface Water: 1 )Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type . and provide names. If appropriate, state what stream or river it flows into. The City contains wetlands, streams, rivers, and lakes. See maps in Appendix B. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The proposed policy and regulation amendments would update the Shoreline Master Program, which governs activities within 200 feet of the Class 1 shorelines, and the amendments would also address activities in proximity to other streams, rivers, and lakes. Future site-specific development would be subject to environmental review as appropriate. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _ BAS\BAS _ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP .doc 6 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities ifknown. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 5) Does the proposal lie within a 1 DO-year flood plain? If so, note location on the site plan. The City contains mapped IOO-year floodplains. See Appendix B. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not applicable to this non-project action. Future site-specific development would be sUbj'ect to environmental review as appropriate. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to' ground water? Give general description, purpose, and approximate quantities, if known.. The City is dependent upon groundwater for water supplies. It has mapped aquifer protection areas. Site- specific development proposals are subject to the aquifer protection area regulations. See Appendix B for the map. 2) Describe waste materialthat will be discharged into the ground from septic tanks or other sources, if any (for example:,. Domestic sewage; industrial, containing the following , chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of ,sllch-systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serv~. Not applicable to this non-project action. Future site-specific development would be subject to environm~ntal review as appropriate. c. Water, Runoff (including storm water): 1) Describe the source of runoff (including storm water). and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 2) Could waste material enter ground or surface waters? If so, generally describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Measures are not required for the non-project action. Tl:J.e proposal will provide a means to mitigate the impacts of future site-specific development. The proposal adds new stream, river, and lake regulations, including amendments to classify water bodies, protect streams and lakes with buffers, and provide for no- Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Bes! Avail Science\Renton CAO _ SMP _BAS\BAS _ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP .doc 7 I net-loss of stream/lake ecological function. The regulations maintain development precautions in aquifer protection areas. Amendments iriclude minor modifications to improve or better document the City's - decision-making process with respect to wetland protection as site-specific developments are reviewed. 4. PLANTS 5. a. 'Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other _X_ evergreen tree: fir, cedar, pine, other _X_ shrubs X grass _X _ ' pasture _X_ crop or grain ...:.....-X_ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other _X_ water plants: water lily, eel grass, milfoil, other _X_ other types of vegetation , ,A variety of phmt species are found in the Renton City Limits. b. What kind and amount of vegetation will be removed or altered? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. List threatened or endangered 'species known to be on or near the site. The State of Washington Department ofFish and Wildlife has mapped ''priority'' habitats and species in Renton, including wetlands, riparian corridors, and urban natural open space. ' Washington State Department of Natural Resources Natural Heritage Database does not identify rare plant species and high quality ecosystems in the Renton City limits, although the database is updated regularly. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Measures are not required for the non-project action. The proposal will continue habitat conservation regulations, which may be used to mitigate the impacts of future site-specific development. The City designates habitat conservation areas, primarily by referencing State and Federal designated endangered, threatened, sensitive, and priority species. It requires a habitat assessment report and includes general performance standards that require impact avoidance/sequencing and mitigation. It allows for State and Federal Agency input. The City may condition proposals that impact habitat conservation areas. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: X Birds: hawk, heron, eagle, songbirds, other ________ _ X Mammals: deer, bear, elk, beaver, other _________ _ X Fish: bass, salmon, trout, herring, shellfish, other ______ _ A variety of birds arid animals are found in Renton, particularly those adapted to an urban and suburban environment. , b. List any threatened or endangered species known to be on or near the site. Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton 8 CAO_SMP _BAS\BAS~Supplemental\CAO_SEPA_Submit\SEPA\envchlst_CARSMP.doc .. A key source of information about wildlife, including those endangered, threatened, and sensitive, is available from the Washington State Department ofFish and Wildlife (WDFW) Priority Habitat and Species (PHS) Program. The City's lakes, rivers, and creeks support anactromous fish runs. Other priority species include bald eagles, osprey, great blue herons, and other waterfowl. c. Is the site part of a migration route? If so, explain Migratory birds may be found in Renton. d. Proposed measures to preserve or enhance wildlife, if any: Measures are not required for the non-project action. The proposal will increase protection of aquatic life, particularly salmonids with new stream, lake and river buffers and related standards. The proposal will continue habitat conservation regulations, which may be used to rrntigate the impacts of future site-specific development. The City designates habitat conservation areas, primarily by referencing State and Federal designated endangered, threatened, sensitive, and priority species. It requires a habitat assessment report and includes general performance standards that require impact avoidance/sequencing and mitigation. It allows for State and Federal Agency input. The City may condition proposals that impact habitat conservation areas. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Wou1d your project affect the potential use of solar energy by adjacent properties? If so, generally describe .. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. What kinds of energy conservation features are included in the plans of this· proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 1) Describe special emergency services that might be required. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 2) Proposed measures to reduce or control environmental health hazards, if any: Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City 01\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS _ Supplemental\CAO _SEPA_ Submit\SEPA\envchlst_ CARSMP.doc 9 I · Not applicable to this non-project action .. Future site~specific development would be subject to environmental review as appropriate. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Not applicable to this non-project action .. Future site-specific development would be subject to environmental review as appropriate. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable to this non-project action. Future site-specific development would be subject to .environmental review as appropriate. 3) Proposed measures to reduce or control noise impacts, if any: Not applicable to this non-project action. Future site-specific development· would be subject to environmental review as appropriate. 8. LAND AND SHORELINE USE a. What is the current use of the site·and adjacent properties? Not applicable to this non-project action. Future site-specific development would be subject to environmentatreview as appropriate. b. Has the site been used for agriculture? If so, describe. Not applicable to this non':project action. Future site-specific development would be subject to environmental review as appropriate. c. Describe any structures on the site. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. d. Will any structures be demolished? If so, what? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. . . e. What is the current zoning classification of the site? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. f. What is the current comprehensive plan designation of the site? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Scien~\Renton CAO _SMP _ BAS\BAS_ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP.doc 10 g. If applicable, what is the current shoreline master program designation of the site? ' The Shoreline Master Program would be amended to be consistent with GMA and SMA requirements by integrating SMP policies with the City's Comprehensive Plan, more clearly addressing SMA use priorities, addressing Use Environment map and text inconsistencies, and applying stream/lake buffer regulations to Class 1 shorelines. A description of the proposed amendments is found in Appendix A. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The City contains several environmentally sensitive areas. See Appendix B. Housekeeping amendments as part of the proposal clarify the maps and critical areas that are considered "environmentally sensitive" in terms of SEP A. i. Approximately how many people would reside or work in the completed project? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. j. Approximately how many people would the completed project displace? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. I. Proposed measures to ensure the proposal is compatible with existing and projected land ., uses and plans, if any: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA),·Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the context of the City of Renton environmental and planning conditions. The non-project proposal would increase the compatibility of the City's plans and regulations with State planning requirements. It would allow for mitigation of future site specific land use proposals with the potential to impact critical areas and shoreline ecological functions. 9. HOUSING a. Approximately how many units would be provided, ifany? Indicate whether high, middle, or low-income housing. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. No site-specific. proposal would affect housing. At a programmatic level the development regulations ·would affect how development occUrs. Existing residential development can continue .. New residential development is generally required to be clustered away from the critical area and any required buffer. Regulations would continue the City's practice of excluding critical area buffers from net density calculations, which means density in buffers is "credited" for a development and density would not Environmental Checklist: BAS, CAR and SMP GMA Integration 11 G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO_SMP _BAS\BAS_Supplemental\CAO_SEPA_Submit\SEPA\envchlst_CARSMP,doc I necessarily be limited by the buffer regulations. Future site-specific development would be subject to environmental review as appropriate. c. Proposed measures to reduce or control housing impacts, if any: Measures are not required for the non-project action. The proposal would continue the City~s practice of excluding critical areabuffers from net density calCulations, which means density in buffers, is "credited" for a development. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. Not applicable to this non-project action. Future site-specific development would be subject to , environmental review as appropriate. b. What views in the immediate vicinity would be altered or obstructed? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? ' What time of day would it mainly 'occur? , Not applicable to this non-project action. Future site-specific development would be subject to , environmental review as appropriate. . , b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable to thiS non-project action. Future site-specific development would be subject to enVironmental review as appropriate. c. . What existing off-site sources of light or glare may affect your proposal? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton , CAO _ SMP _ BAS\BAS_ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP .doc 12 • Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Would the proposed project displace any existing recreational uses? If so, describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Measures are not required for the non-project action. The proposal will facilitate shorelme permitting for some City park and recreation facilities by addressing the City's golf course and parks in the SMP Use Environment Map, rather than relying on the King County SMP. It will allow for consideration of appropriate levels of passive and activity recreation in the Use Environment regulations. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known.to be on or next to the site? If so, generally describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. Proposed measures to reduce or control impacts, if any: . . . Measures are not required for the n~n-project action. The prop~sal continues and cross-references hist~ric and cultural preservation policies as part of the integration of Renton SMP and Comprehensive Plan Policies;· 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any .. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. Environmental Checklist: BAS. CAR and SMP GMA Integration G:\Projects\Renton. City of\02534.02 -Best Avail Science\Renton CAO_SMP _BAS\BAS_Supplemental\CAO_SEPA_Submil\SEPA\envchlst_CARSMP.doc 13 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. g. Proposed measures to reduce or control transportation imp~cts, if any: Measures are not required for the non-project action. Proposed stream and shoreline regulations address road and utility crossings and criteria intended to allow for needed public infrastructure while promoting non-net-Ioss of ecological function. These measures are intended to address the environmental impacts of future development and infrastructure proposals. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. . b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Not applicable to this non-project action. Future site-specific development would be subject to environmental review as appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and . the general construction activities on the site or in the immediate vicinity which might be needed . . Not applicable to this non-project action. Future site-specific development would be subject to environmental review-as appropriate. Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City ot\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS _ Supplemental\CAO _ SEPA_Submit\SEPA\envchlst_ CARSMP .doc 14 • c. SIGNATURE I, the undersigned, state that to the best of illY knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: ?€~i~f %~~~ Name Printed: ~ b1u.t-~ 7/(3)v1 Date: , l . Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS_ Supplemental\CAO _ SEPA_ Submil\SEPA\envchlsl_ CARSMP.doc 15 D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, Jor the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond brieflyand in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? . The policy/regulation proposal would not be anticipated to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise. It is intended to strengthen critical area and shoreline policies and regulations to reduce impacts to critical areas from future development and infrastructure proposals including water bodies and aquifers. Any modifications or variances would have to demonstrate consideration of best available science. Proposed measures to avoid or reduce such increases are: The proposal will provide a means to mitigate the impacts of future site-specific development The proposal adds new stream, river, and lake regulations, including amendments to classify water bodies, protect streams and lakes with buffers, and provide for no-net-Ioss of stream/lake ecological function. The regulations maintain development precautions in aquifer protection areas. Amendments include minor modifications to improve or better document the City's decision-making process with respect to wetland protection as site-specific developments are reviewed. 2. . How would the proposal be likely to affect plants, animals, fish, or marine life? The policy/regulation proposal would not be anticipated to adversely affect plants, animals, fish, or marine life. The proposal will increase protection of aquatic species through increased stream, river, and lake buffers. Proposals will need to demonstrate no-net-Ioss of ecological function. Any modifications or variances would have to· demonstrate consideration of best available science. Proposed measures to protect or conserve plants, animals, fish, or marine life are: The proposal will increase protection of aquatic life, particularly salmonids with new stream, lake and river buffers and related standards. The proposal will continue habitat conservation regulations which may be used to mitigate the impacts of future site-spedfic development. The City designates habitat conservation areas, primarily by referencing State and Federal designated endangered, threatened, sensitive, and priority species. It requires a habitat assessment report and includes general performance standards that require impact avoidance/sequencing and mitigation. It allows for State and Federal Agency input The City may condition proposals that impact habitat conservation areas. 3. How would the proposal be likely to deplete energy or natural resources? The proposal would regulate critical areas and Shorelines of the State. Energy or natural resource depletion is not anticipated. . Proposed measures to protect or conserve energy and natural resources are: Not applicable. Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS _ Supplemental\CAO _SEPA_Submit\SEPA\envchlst_ CARSMP.doc 16 • 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic ~ivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? . . The proposal is intended to continue and strengthen protection of environmentally sensitive areas including aquifer protection areas, flood hazard areas, geologic hazard areas, habitat conservation areas, streams/rivers/lakes, and wetlands. In particular stream/river/lake regulations would be newly included, volcanic hazards would be addressed, and Best Available Science review procedures would be added. Proposed measures to protect such resources or to avoid or reduce impacts are: See discussion above. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the context of the City of Renton environmental and planning conditions. The proposal includes the following features that increase land use and shoreline plan consistency: • GMA: Refme City Comprehensive Plan policies in light of GMA requirements to consider Best Available Science particularly the Environment Element. • GMA: Provide a Best Available Science literature review addressing streams, rivers, and lakes; and based upon the literature review develop stream buffer requirements. It amends the Renton Critical Areas Regulations to classify water bodies, protect streams and lakes with buffers, and provide for no- net-loss of strearnllake ecological function; • GMA: Documents a Best Available Science review of the City's wetland regulations, andprovide for appropriate amendments to improve or better document the City's decision-making process with respect to wetland protection assite~specific developments are reviewed .. • SMA: Proposes limited Shoreline Master Program amendments to integrate Shoreline and Comprehensive Plan policies, address text and map iiltonsistencies, and provide for strearnllake protection regulations. These limited amendments would apply in the interim until full Shoreline Master Program Update is accomplished in accordance with the new SMA schedule (2009 for the City of Renton): Proposed measures to avoid or reduce shoreline and land use impacts are: The'non-project proposal would increase the compatibility of the City's plans and regulations with State planning requirements. It would allow for ~tigation of future site specific land use proposals with the potential to impact critical areas and shoreline ecological functions. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal directs how development may occur in the context of environmentally sensitive/critical areas. It would not be anticipated to adversely affect transportation, public service, or utility demands. Proposed measures to reduce or respond to such demand(s) are: Proposed stream and shoreline regulations address road and utility crossings and criteria intended to allow for needed public infrastructure while promoting non-net-Ioss of ecological function. These measures are intended to address the environmental impacts of future development and infrastructure proposals. It would Environmental Checklist BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _SMP _BAS\BAS _ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP.doc 17 also require added consideration of volcanic and other geologic hazards where critical facilities are concerned to reduce potential health and safety impacts. 7. Identify, if· possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. . As noted in Question 5 above, the proposal is intended to better integrate the City's local requirements for environmental protection and to meet State laws for consideration of best available science. The City has considered State guidance and rules on Best Available Science and documented appropriate standards iil the City's environmental context. In particular, see: • Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27,2003. • "Transmittal ofPararnetrix Review of Wetlands Regulations," Jones & Stokes, July 13,2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28,2004. • "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," July 13,2004 The proposal would not affect the implementation of State or Federal permit requirements for any development proposal. SIGNATURE I, the undersigned, state that· to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on y part. ~~~~~ Proponent: . Name Printed: Date: ENVCHLST.DOC REVISED 6/98 Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City of\02534.02 -Best Avail Science\Renton CAO _ SMP _ BAS\BAS _ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP.doc 18 APPENDIX A PROJECT NARRATIVE G:\Projects\Renton, City ot\02534.02 -Best Avail Science\Renton CAO _SMP _BAS\BAS_ Supplemental\CAO _SEPA_ Submit\SEPA\envchlst_ CARSMP .doc • Project Narrative: City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration Featuring New Stream, River, and Lake Regulations July 13, 2004 1. Proposal Overview Renton Planning and Environmental Context Renton is a long established community in the heart of urban King County. The City was founded along the Cedar and Black Rivers and Lake Washington, and incorporated as a City in 1901. Once dependent upon mining and forestry; it is noted for aerospace and truck manufacturing and a transitioning diversified economy. It is home to the Boeing Renton plant, PACCAR, Renton Technical College,Valley Medical Center, the Renton Airport, and many other establishments. A variety of residential neighborhoods, from the historic and revitalizing downtown to. the suburban Renton Highlands are found here. With its important regional economy, location at the connection of the 1-405, SR-167 and SR-900 highways, active citizens and neighborhoods, and many other features, the City has an extensive history of long-range and strategic planning. While being a largely urbanized community, the City has proactively established a park, recreation, and open space system, including the purchase of environmentally sensitive areas, particularly along the Black River, the Cedar River, and Springbrook Creek. The City prepared a new Comprehensive Plan consistent with the State of Washington Gro~h Management Act (GMA) in 1995 addressing land use, transportation, housing, utilities, capital facilities, economic development, downtown, environment, and other key community topics. The City participates in regional planning forums such as the Growth Management Planning Council of King County and watershed planning efforts (WRIAs). The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, and protecting environmentally sensitive areas, among other goals (RCW 36.70A.020). GMA requires protection of wetlands, aquifer recharge areas used for potable water, fish and wildlife habitat conservation areas,' frequ~tly flooded areas, and geologically hazardous areas (RCW 36.70A.030). Since the original GMA was instituted in 1991, GMA has been amended with respect to critical areas, particularly to require the use of "best available science" in critical area policies and reguli:ltions .and consid~r~tion of anadromous fish species. . Partly in response to GMA, the City of Renton adopted Critical Area Regulations between 1989 and 2000. The City regulations currently address: • Aquifer Protection Areas • Geologically Hazardous Areas • Habitat Conservation Areas • Frequently Flooded Areas; and • Wetlands July 13,2004 1 Jones & Stokes The City Critical Area Regulations "reserve" a section to address the protection of streams and lakes, which otherwise are minimally addressed in the City's Tree Cutting and Land Clearing regulations (25 foot setback from waterbodies). . Given the status ofthe stream regulations, the focus of the City's efforts to comply with the GMA best available science provisions relates to streams, and a series of recommendations by the consultant team have been prepared to establish water classifications, buffers, and other related items. However, to document the City's compliance with best available science for the remaining GMA critical area topics and effectively use the City's resources, more limited scope reviews and evaluations have been conducted. These limited scope reviews include a best available science evaluation of wetland regulations, as well as a comparison of the City's aquifer, flood hazard, geologic hazard, and habitat conservation regulations to the State Department of Community Development's Example Critical Areas Code. Purpose and Objectives . The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA), Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. Specific objectives are to: • . Refine City Comprehensive Plan policies in light of Best Available Science particularly the Environment Element. • Provide a best available science literature review addressing streams/rivers, and lakes, and based upon the literature review develop buffer requirements. The review program inCludes recommendations to amend the Renton Critical Areas Regulations to classify water bodies, apply buffers, and provide for no-net-loss of ecological function. . . • Document a best available science review of the City's wetland regulations, and provide for appropriate amendments to improve or better document the wetland·review process. • Compare the·City's aquifer protection, flood hazard, geologic hazard, and habitat conservation regulations against the State of Washington Department of Community, Trade, and Economic Development Example Critical Areas Code and propose amendments as appropriate. . • Propose limited Shoreline Master Program amendments to integrate Shoreline and Comprehensive Plan policies, address text and map inconsistencies, and provide for shoreline protection regulations. These limited amendments would apply in the interim until full Shoreline Master Program Update is accomplished in accordance with the new SMA . schedule (2009 for the City of Renton): . Integrate Shoreline Master Program Goals and Policies into the City Comprehensive Plan, essentially intact. Limited policy amendments are proposed to address use priorities ofRCW 90.58.020 (differentiate between-Shorelines of Statewide Significance and all other Shorelines of the State that are found in the City). Amend Use Environments Map for the Black River and Cedar River at the Maplewood Golf Course to address Shoreline Master Program text/map conflicts and an unclassified . annexed area. Field review and analysis were conducted for the limited map amendments. For these areas regulations would be applied consistent with environmental limitations and existing uses. Address shoreline protection regulations, including buffers, in the Shoreline Master Program to provide for equivalent protection per State legislation (ESHB 1933), while responding to use priorities ofRCW 90.58.020. JUly 13,2004 2 Jones & Stokes The work program has produced a variety of documents and issue papers: • "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration," Jones & Stokes, July 13,2004. • Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27,2003. • Stream/lake classification r~sults are included in the 2003 draft Renton Water Class Map prepared by AC Kindig & Company and Cedarock, in conjunction with Renton Neighborhoods & Strategic Planning staff. • "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13, 2004. • "Proposed Renton Shoreline Master Program Use Environment Amendments," Jones & Stokes, March 8, 2004. • "Transmittal ofParametrix Review of Wetlands Regulations," Jones & Stokes, July 13,2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004. • "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," Jones & Stokes, July 13, 2004. • "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13,2004. Includes proposed code amendments. Each of these documents is available under separate cover from the Renton Economic DevelopmentlNeighborhoods/Strategic Planning Department, as well as the City ofRentori website (W\vw.c1.renton.wa.us/, under the Department name). . . A summary of each amended City Plan or Code -Renton Comprehensive Plan, Renton Shoreline Master Program, and Renton Critical Area Regulations -is provided below, addressing current policy/regulatory approaches and proposed amendinents. 2. Re·nton Comprehensive Plan and Shoreline Master Program P9licies Renton's Comprehensive Plan policies provide the framework for the City's regulations. The City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA mtegration project includes a review of the City's Comprehensive Plan and Shoreline Master Program (SMP) policies for consistency with the Growth Management Act (GMA), Shoreline Management Act (SMA), particularly Sections RCW 90.58.020 and RCW 90.58.100, and basic scientific principles and standards identified in the Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," February 27,2003 by AC Kindig & Co. and Cedarock Consultants. The proposed policy amendments accomplish the following: • Growth Management Act (GMA): Per GMA requirements, the SMP policies are incorporated into the Renton Comprehensive Plan Land Use and Environment Elements. • Shoreline Management Act (SMA) SMP Policy Amendments: July 13,2004 3 Jones & Stokes Shoreline "element" topics unaddressed in Renton SMP (per RCW 90.58.100) consisting of His toricl Cult urall Scientific lEd ucationa I and Flood Damage Prevention are incorporated. Additionally, a proposed restructuring of shoreline use priority policies is suggested to better match the SMA use preferences along both Shorelines of the State and Shorelines of Statewide Significance. To meet the use preferences in RCW 90.58.020, land use . policy amendments are proposed as follows: o General provisions that apply to any shoreline activity or use are grouped -e.g. policies having to do with minimizing pollution, ensuring public access is respectful of private property rights, etc. o Use preferences applicable to Shorelines of the State (all regulated shorelines) except Lake Washington are grouped, and the language takes much direction from the RCW 90.58.020 use preference policies. o Use preferences applicable to Shorelines of Statewide Significance, i.e. Lake . Washington, are provided, and follow from the specific use priority order in RCW 90.58.020, as well as Renton SMP regulations and defmitions that indicate how.uses can be allowed within this priority system if they provide significant public access. • Best Available Science: Policy amendments have been proposed to the Environment Element primarily as well as to the Transportation, Utilities, Downtown, and Economic Development Elements as a result of Best Available Science Review. Generally the amendments consist of policy refmements,with the primary changes related to the rivers and stream policies and floodplain policies of the Environment Element. m particular, these amendments are intended to lay the groundwork for the regulatory approach to stream classifications,buffers, and other items. The amendments are the result of the City's ESA Task Force review in 2002, the City's project team for the Best Available Science Critical Areas Regulations and Shoreline Master Progr.am GMA mtegration, and early State Agency input in May 2004 (State of Washington Department of Ecology). 3. Renton Shoreline Master Program -Use Environments Shorelines of the State are required to be classified into "use environments" based upon current development patterns, biophysical capabilities, and other factors. Policies, standards, and regulations can be customized by use environment, shoreline, and use depending 'on needs, and functions similar to a zoning overlay district. Generally, regulated shorelines include the water bodies and their shorelands extending landward from the floodway or ordinary high water mark for two hundred (200) feet in all directions (whichever is greater). This jurisdictional area increases to include all marshes, bogs, swamps, and river deltas, associated with the regulated Shorelines of the State. The total of this area is subject to shoreline use classification and regulation. The City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA mtegration project includes amendments to the Renton Shoreline Master Program (SMP) Shoreline Use Environments to address some inconsistencies and omissions: • Black River: The City's adopted Shoreline Use Environment Map classifies both banks of the River as Natural, but the SMP text states the Environment only applies to the north bank. By default, according to the text, the south bank is Urban. July 13,2004 4 Jones & Stokes • Cedar River: The City's annexations of the Maplewood Golf Course property/area in 1985 and 1988 were not reflected in the City's adopted SMP. When an annexation occurs, the SMP provisions of the adopted plan for that area (i.e. of the prior governing agency -King County) would apply until amendments are made and approved by the City/State SMP of the City that annexed the area. (WAC 173-26-160) • Aquatic portion of the lakes/streams: It is unclear in the text of the SMP regarding what Use Environment applies to the aquatic portion of the regulated waterbody. To assist with City decision-making, it should be clarified if shoreline environment classifications extend to the aquatic portion of the lakes/streams. Based on a review of the SMP criteria and current shoreline environmental conditions, recommendations to address the inconsistencies include: Table 1. Summary of Use Environment Classification Recommendations Location Current Class Proposed Class Black River -North Natural (map and text) Natural, east of Monster Bank Road; allow for habitat enhancement; flood control, and potentially limited public access. West of Monster Road, Urban .. Black River -South Natural (map) Conservancy, east.of Bank Urban (text) , Monster Road West of Monster Road, Urban Cedar River along Golf Not classed in Renton Conservancy Course and Ron Regis SMP. King County Park -North Bank applies Conservancy. Cedar River along Golf Not classe4 in Renton Conservancy; amend Course and Ron Regis SMP. King County use allowances for Park -South Bank applies Conservancy. active recreation Aquatic Areas -All Unstated . .rn practice. Amend the SMP text to Shorelines through permit reviews, indicate that Use aquatic areas are Environments are applied the same Use . applied to shorelines - Environments that are extending to both the applied to "shorelines". shore lands as well as the centerline of the watercourse or City limits as appropriate (e.g. Lake Washington). Source: Jones & Stokes Current and proposed Shoreline Master Program Use Environment Maps are attached. July 13, 2004 5 Jones & Stokes I 4. Renton Critical Areas Regulations (CAR) and.Shoreline Master Program (SMP) Regulations Aquifer Protection Areas (CAR) The City of Renton water supply is obtained from four sources: • The Cedar Valley Sole Source Aquifer • Springbrook Springs • Maplewood Production Aquifer . • Well5A These sources are protected by designating aqui·fer protection area zones (APA zones) and restricting land use, limiting arid restricting hazardous materials, and establishing construction activity standards, fill quality reporting, and stormwater management requirements within the zones. Renton's APA zones are defined as follows: • Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. . • Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting . a high-priority well, wellfield, or spring withdrawing from an aquifer that is partially protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by exemptions. • Zone 2: The land area situated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City may choose not to subdivide an APA into two (2}zones.In such a case, the entireAPAwill be designated as Zone 2. The City's Aquifer Protection Area Regulations include the following: • Designation of Zone 1, Zone 1 Modified, and Zone 2 Aquifer Protection Areas (APAs) as described above. • .. Establishing Operating and Closure Permit requirements for facilities in all Zones . • Requiring removal of existing facilities in Zone 1 if they storelhandle/treatiproduce hazardous materials in quantities greater than 500 gallons. . • Performance standards, all AP A Zones -Requiring secondary containment . Requiring hazardous materials monitoring and providing standards for release restrictions, including in Zone 1 added site monitoring and site improvement standards to protect against hazardous materials release -Limiting application of pesticides and nitrates near wells and springs Establishing wastewater disposal requirements . . Establishing surface water management requirements -Regulating pipelines Providing construction activity standards and fill material requirements Regulating existing solid waste landfills • Zone 1 Modified is similar to Zone 1 except that: Existing facilities are not subject to the 500 gallon hazardous material quantity and they would not have to relocate or reduce inventory July 13, 2004 6 Jones & Stokes· Existing septic tanks are allowed and new septic tanks would be allowed if City sewers were not available Infiltration of stonnwater would be allowed as with Zone 2 Existing facilities would not be subject to site improvements (e.g. groundwater monitoring, paving, stonnwater management improvements, etc.) The City's regulations are similar to the State Example Code in intent, and are tailored to the City's critical aquifers. A minor amendment to replace the aquifer protection zone map in RMC Figure 4-3-050Ql with map patterns that better distingUish between Zone 1 modified and Zone 2 is proposed. A discretionary code amendment could be included to allow the City to require a hydrogeologic assessment if a proposal has a potential to significantly affect groundwater quantity or quality. Otherwise, amendments or added regulations are not recommended. Flood Hazard Areas (CAR) Floodplain hazard areas, including the ,100-year floodplain and floodways, are designated along the City's major streams including: . • May Creek • Cedar River • Black River • Springbrook Creek Additionally floodplains of the Green River extend into the City limits along the western city limit boundary shared with Tukwila. The City imple~ents the Federal Emergency Management Agency (FEMA) Model Floodplain Management RegUlations (RMC 4-3-0501), whi~h allows flood insurance to be sold.in the City. It designates 'areas of flood hazardS and applies ~onstruction standards for residential and· nonresidential development in the flood hazard areas.· ' It is recommended that the City continue with its Flood Hazard regulations with the following adjustments: • Add the State DOE requested amendments to address updates'to the Federal/State Model Flood Damage Prevention Ordinance; or to address other clarifications, in order to maintain . flood insurance eligibility. These include: . . Definitions need to be added or amended, especially "basement" and "development," to specifically implement the flood hazard regulations. RMC 4-3-050.I.3.bj and ii, Manufactured Homes: Minor revision to indicate that the foundations be " ... securely anchored to an adequately designed anchored foundation system to resist flotation, collapse; and lateral movement." RMC 4-3-050.I.3.c, Nonresidential Construction. Subsection c.i needs to be amended as follows to ensure the City receives credit towards insurance rates: i. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impenneable to the passage of water; RMC 4-3-050.I.4.b, the last sentence should be amended to match the most recent State Model: ii. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with July l3, 2004 7 Jones & Stokes I existing health, sanitary, or safety codes or to structures identified as historic places sflall- not be included may be excluded in the fifty percent (50%). -Require the use of additional information that is more restrictive than Flood Insurance Rate . Maps. The primary concern is to regulate mapped flood hazard areas and establish base flood elevations based on federal studies. However, appropriate situations where the City could require additional future flood information include: development in unmapped areas or bridge construction proposals. Geologic Hazard Areas (CAR) Geologic risks in the City of Renton include: • Erosion hazards • Landslide hazards • Seismic hazards • Coal mine hazards • Steep slopes, including sensitive slopes 25-40% and protected slopes greater than 40% (often considered to be a landslide hazard) - To a lesser extent there is a potential for volcanic hazards. The adopted Geologic Hazard regulations: • Classify hazards using criteria. Based upon a report prepared by GeoEngineers Inc. for the City of Renton in 1991, the regulations include criteria for landslide hazards, erosion hazards, seismic hazards, and coal mine hazards. Maps of these hazards are. to be used as references. • Address exe~ptions within Geologic Hazard areas. • Require peer review of geotechnical reports for properties with slopes 25% or greater; and Medium, High or Very High Landslide Hazards: Independent peer review of geotechnical .. reports may be required for properties with High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards. For any of the hazards, conditions of approval may include modifying construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. • Address slopes between 25-40% that do not have identified erosion or landslide hazards, by requiring peer review of geotechnical reports, erosion control plans, and weekly erosion control inspections. The regulations would also authorize conditions of approval which may include modifying construction techniques, design, drainage, project size/configuration, seasonal constraints on developr.nent, vegetation stabilization, sequencing or phasing of construction, clearing-and grading limits, and other measures. These same potential conditions of approval apply to lands with Medium and High Landslide Hazards and High Erosion Hazards.. . . • Restrict development on slopes over 40%. Exceptions include man-made slopes (e.g. from legal mining operations) pursuant to a modification, a single family dwelling on a lot of record pursuant to a variance, public utilities needed to protect slope stability, and public road widening where alternative locations are infeasible. Modifications may be allowed such as allowing fill at the base of a 40% slope. As with other modifications, report submittal, and review criteria would apply. -Restrict the creation of lots having a predominant 40%+ slope. -Require a buffer of 50 feet froni a Very High LandslideHazard Area, which may be increased or decreased administratively based upon a geotechnical report. . July 13, 2004 8 Jones & Stokes • • Provide a review process for Coal Mine Hazards. The regulations require a report to document potential Coal Mine Hazards, authorize conditions of approval, and indicate requirements for mitigation during construction. • Establish detailed report preparation requirements for each potential hazard located on a site. The regulations are comparable to the State Example Code. Minor improvements to the City's adopted geologic hazard regulations are proposed below. • To strengthen the City's general performance standards, the following review criteria are proposed to be added: The proposal will not increase the threat ofthe geological hazard to adjacent properties beyond pre-development conditions; The proposal will not adversely impact other critical areas. , The criteria would also state that the development must be safely accommodated, summarizing other geologic hazard standards in the City~s code. • The regulations would newly address volcanic hazards .. The risk is generally low, and could include inundation due to lahar sedimentation or ashfall (tephra) The proposed regulations would require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green River Inundation Area as mapped by the USGS to demonstrate adequate engineering standards regarding volcanic hazard risks and an evacuation and emergency management plan. Habitat Conservation Areas (CAR) The City of Renton arid its Potential Annexation Area contain habitats supporting wildlife species. A key source of information about wildlife, including those endangered, threatened,and sensitive, is available from the Washington State Department ofFish and Wildlife (WDFW) Priority Habitat and Species (PHS) Program. Priority habitats in the City of Renton include wetlands, riparian corridors, and urban natural open space. The lake, rivers, and creeks support anadromous fish runs. Other priority species include bald eagles, osprey, great blue herons, and other waterfowl. . The City's Habitat Conservation Regulations address: • Criteria defining "critical habitat." Criticai habitat includes: species that are listed as endangered, threatened, sensitive,monitor, or priority by Federal or State agencies; heron rookeries or raptor nesting areas, Category 1 wetlands; and shorelines designated as Natural or Conservancy in the Shoreline Master Program. • Habitat assessments. Reports are required, and peer review may be required. • Native Growth Protection Areas. Critical habitats are to be placed in Native Growth Protection Areas. • Disturbance. If a critical habitat area is to be altered, impacts are to be avoided, minimized or compensated. Mitigation may be required based upon submitted reports, or information from State or Federal agencies. The City regulations provide a comparable review process for habitat conservation areas in comparison to the State Example Code. Potential minor measures to enhance the City's regulations are suggested -to reference State standards for bald eagles, and to clarify that activities adjacent/abutting to designated habitat conservation areas may be regulated. July 13,2004 9 Jones & Stokes Also, amendments for streams would remove "shorelines designated as Natural or Conservancy in the Shoreline Master Program" as habitat conservation areas since streams and shorelines. would have a separateproposed set of regulations including buffers, and amendmentscIarify that Habitat Conservation regulations apply to non-salmonid species, while stream regulations address primarily salmonid species. Streams and Lakes (CAR and. SMP) The proposed major regulatory changes are to add stream and lake buffer requirements to the Renton Critical Areas Regulations and Renton Shoreline Master Program. In both sets of regulations, the regulations address the following key concepts (attached flow charts demonstrate the regulatory approach): ' • Classification: A five-level stream typing system based on whether the water is salmortid- bearing, and water body flow characteristics. Among the salmonid-bearing classes, the differentiation is based on whether the water body is a major watercourse versus a tributary. Among non-salmonid bearing waters, the distinctions are perennial versus intermittent flows, and artificial channels. A process is included to help classify unclassified streams. As laid out in the regulations Class 1. streams are consistent with designated Shorelines of the State (as well as consistent with mapped Chinook presence) and therefore are addressed in Renton Shoreline regulations (see below). Class 2 to 4 water bodies, salmonid bearing and non- salmonid bearing, receive the most attention in the Critical Area Regulations. Class 5 water bodies are manmade streams and are not regulated. The attached map identifies the draft water class map. • Inner and Outer Buffer Zones: As a result of Best Available Science review, the proposed streamllake buffers would increase from 25 feet (required in Tree CuttinglLand Clearing . Regulations today) to a range of 35 to 100 feet depending on stream class and salmonid use. To allow for' some changing environmental conditions and functions in an area, such as that riparian functions diminish with distance or to recognize existing urban development, the concept of "inner versus outer zones" is proposed. The "outer buffers" standard refers to standard un-enhanced buffer widths. "Inner buffers" refers to the possibility of reducing the standard buffer width with enhancement (range of25 to 75 feet). Standards for redevelopment are also included, i.e. recognizing that a natural buffer may not be possible on . an already highly urbanized site in which case the buffers function as setbacks, and standards . . indicate no addition of imperVious surfaces is allowed although they may be rearranged. • Defined Rules versus Variable Rules Meeting Environinental Objectives: Two regulatory approaches would be incorporated - a Standard path where if a water body is classified and buffer standards or other regulations are met, development may proceed -or an . Alternative path, either where conditions may not be well known requiring more in depth review and analysis of appropriate standards or where an applicant wants to vary a standard but the City needs to be assured that ecological functions are protected. This is translated into activities that may proceed according to standard criteria with standard report/analysis requirements versus those that must provide supplemental analysis/mitigation plans and respond to discretionary criteria. • General Principles -Avoidance and No-Net-Loss of Function: The regulations promote: a) avoidance of the streamllake and associated buffer and b) no-net-Ioss of ecological functions if avoidance is not possible (or development already exists within the new, larger buffers). Specific to the Shoreline Master Program Regulations, other amendments include: July 13,2004 10 Jones & Stokes • SMP Sections E to I: In the Renton SMP Regulations, amendments to sections describing Shoreline Use Environments are incorporated as noted in Section 3 of this Project Narrative. Essentially, these amendments address the map environments and use allowances applicable to the Black River and eastern extent of Cedar River in the City primarily to address text/map conflicts and an unclassified annexed area. • SMP Section J: Renton SMP Section J provides for general standards applicable to all development. It is in this location that shoreline buffers/setbacks are 'added. Approaches to the buffer/setbacks are also provided similar to those described above. To address the use priorities of the Shoreline Management Act while addressing shoreline protection, the ability to reduce buffers/setbacks requires an evaluation, arid the potential reductions vary according to use priority. • SMP Section K: Following from Use Environment amendments (sections E ~o I) as well'as review of model ordinances, some amendments to development standards for trails, roads and utilities are included and are similar to the stream/lake standards included in the Critical Areas Regulations. • SMP Nonconforming Uses: When nonconforming use and development standards (for "grandfathered" uses or buildirigs) do not exist in a local government's Shoreline Master Program, the definitions and standards ofWashiilgton Administrative Code (WAC) 173-27- 080 apply, and these address continuation of nonconforming structures, nonconforming lises, replacement after acts of God, and other provisions. Renton's SMP has not contained nonconforming regulations and to this date would have been ,subject to the State WAC requirements which are more strict in terms of procedure (e.g. requirements for a Shoreline Conditional Use Permit in some cases) than the City's standard nonconforming regulations. However, it is important that the City have some consistency in its nonc<;>nforming standards. Renton's Title 4, Chapter 10 contains the City of Renton's nonconforming structure and use, standards that generally apply in the City, and it is proposed that the City's Shoreline Master Program incorporate these. ' Wetlands (CAR) In 1991, the City inventoried and identified approximately 367 acres of wetlands within the City limits. Within Renton's sphere of influence, approximately 1,067 acres of wetlands were identified. Wetland types found in Renton and its sphere of influence include bogs, emergent marshes, sln:ub/scrub, forested and old growth wetlands. Most of the wetlands are adjacent to rivers and streams although other smaller concentrations are found elsewhere. Mostare located in the "Valley" area of Renton inside the City limits. Wetland inventories have been updated in some portions of the City, such as through the City's I 997 Eastside Green RiverWastershed Plan and Environmental Impact Statement. The City's wetland regulations classify wetlands, require wetland assessments, provide buffer standards, and establish wetland mitigation standards including replacement ratios. A best available science review of Renton's wetland regulations found that the City's wetland regulations are supported by current best available science for wetlands in Washington State. Several amendments are proposed to improve or better document the City's decision-making process, including: • Exemptions for small Category 2 and 3 wetlands should be modified -those that provide functions should not be exempt. July 13, 2004 11 Jones & Stokes • Exempti.ons f.or .ong.oing agriculture, vegetati.on management, st.ormwater management facilities in buffers, and trails and open space facilities in buffers sh.ould be amended t.o ensure deminimus impacts. • A measure t.o enhance the City's classificati.on system c.ould be t.o reference .or translate the State Department .of Ec.ol.ogy's rating system t.o the City's (meaning identifyh.ow the State's f.our-way system translates t.o the City's three-way class system). H.owever, at present, the City's wetland class system was f.ound t.o be s.ound. • Wetland classificati.on criteria relying .on the C.ounty's 1991 invent.ory sh.ould be deleted. Vague terms in the classificati.on system sh.ould be amended (e.g. plant ass.ociati.ons of infrequent .occurrence and headwaters). • Wetland assessments sh.ould be required f.or pr.op.osals within 300 feet.of a wetland rather than 100 feet. This is because in s.ome cases the City may wish t.o expand wetland buffers bey.ond standard requirements. . • The City's standard buffers were f.ound t.o meet best available science. It was rec.ommended buffer size determinati.ons (particularly buffer reducti.ons, buffer averaging, m.odificati.ons, variances and similar) sh.ould d.ocument h.ow be,st available science is met. A particular reference/meth.od is suggested: The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000. . • Since the City's buffer averaging criteria include science based pr.ovisi.ons (e.g. variati.on in wetland sensitivity), it was rec.ommended that reas.onable use be rem.oved as a criteri.on f.or buffer averaging. • Review criteria t.o expand buffers sh.ould be amended t.o rem.ovevague terms. • Definiti.ons .of rest.orati.on, creati.on, and enhancement as well as pr.otecti.on/maintenance sh.ould be revised t.o be c.onsistent with State and Federal agencies. . • Enhancement criteriash.ould be amended t.o all.ow s.ome desirable changes in functi.ons. • Off.,site mitigati.on may be more desirable than .on-site mitigati.on, and s.ome criteria are pr.op.osed f.or amendment. . Critical Area Review Procedures Either in the City's Critical Areas Ordinance (RMC 4-3-050).or in administrative secti~ns such as 4-1,4-8, and 4-9, Rent.on's regulati.ons pr.ovide c.omprehensive critical areas pr.ocedures, such as . defining regulati.on purp.oses, applicability and exempti.ons, submittal requirements, general perf.ormance standards, review criteria,variances and excepti.ons, and enf.orcement. The City's pr.ocedures pr.ovide f.or structured review.of devel.opment applicati.ons and determinati.on .of appropriate c.onditi.ons. . T.o meet Washingt.on Administrative C.ode (WAC) rules that direct the City t.o c.onsider best available science where variati.ons t.o regulati.ons are pr.op.osed, t.o address c.omm.on perf.ormance standards in additi.on t.o buffers, and t.o clarify the applicati.on .of regulati.ons, s.ome amendments are prop.osed: • The City sh.ould include best available science review criteria f.or administrative buffer reducti.ons, administrative m.odificati.ons; and administrative and Hearing Examiner variances. • Submittal requirements f.or pr.ojects that c.ould impact critical areas and pr.op.ose mitigati.on . plans, .or th.ose that prop.ose buffer reducti.ons, sh.ould dem.onstrate that best available science was used in determining the reduced standard and/.or in devel.oping mitigati.on plans. July 13,2004 12 J.ones & St.okes • The City regulations do not specifically require a building setback in addition to a buffer requirement, although the critical area regulations do provide stafflatitude to apply conditions, and SEP A provides another review and mitigation process. There may be instances where the City would want the authority to require a building setback to ensure long-term maintenance of development without eroding a buffer's protectiveness. A general standard allowing the City to condition a proposal to apply a building setback is included. It would be discretionary. • It is recommended that the City clarify that applicants are responsible for other permits outside of the Critical Area Regulations. Other As part of incorporating stream and buffer protection requirements and other critical area amendments, consistency amendments are needed to the City'sTree Cutting and Land Clearing Regulations, permit submittal requirements, State Environmental Policy Act review,· Nonconforming Uses, Variance procedures, and Definitions. 5. Public Review Process and Schedule The City of Renton Best Available Science Critical Areas Regulations arid Shoreline Master Program GMA Integration project is being reviewed as part of the City's Comprehensive Plan Update in response to the GMA requirements for periodic review of the Comprehensive Plan. It is anticipated that the Comprehensive Plan Update including the Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project will be adopted by December 2004 to comply with GMA deadlines. . Prior to adoption, opportunities for public review will include: • Notice of Application comment period in July 2004; • PubliC open houses/meetings in SllIl1ffier 2004 (particularlyJuly 27,2004, Highlands Community Center, 6 p.m.); • Planning Commission and City Council meetings and hearings in Summer and Fall 2004. Additional information can be obtained at the City's website under the Renton Economic DevelopmentlNeighborhoods/Strategic Planning Department page (,,,ww.ci.renton.wa.usi). July 13, 2004 13 Jones & Stokes ( • SHORELINE ENVIRONMENTS LAKE, "ASHING7TJN ENVIFWNMENTS Urban ....... Conseryancy __ . Natural., •.• Figure 5-1 Renton Shoreline Master Program Environments I CITY OF RENTON SHOREUNE MASTER PROGRAM . . SPRINGBROOK CREEK . . SHORELINE BOUNDARY MAP U :Urbll,llEr.YIr.o~o.nt. 1000 2000. C :CoRa.iWtancy Eiivtrciruiiiillt ,r' . '. .. I i.iIii.fii1 WeUanda 1:12000 ----... Shoreline Bowidlirj .;.... -CIlJl,Jmlle' . NoIe: This map depicts ttie approXimatelocationoftJie Sprtngbrook.CreekshoreHnebound8!y and assoc.iated 'WetlandSg~iTiep£iytheRentOn sti~liiie:~ster Proilram. ,Appli~ation ciftli¢Renton ~cirelille Mast~rProgmtnt~~a Pf:opertY'!s i!e!eiri1iried~a.~ite-sp'ecffic \i~siSbYthe,'oevi;loPm<:"t ~ces Djvision' utilizing tfje·f~l~t\ons·,!,:,ad.eflniti(Jf1s in thl, Prograf':' and any site ~cifi~ enyironmental analysis. . Renton Shoreline Master Program, Appendix A Map City of Renton Shoreline Environments Map There may be wetlands and floodways associated with other Shorelines of the State within the City of Renton that are not shown on this map. Those associated wetlands and floodways are also govemed by the City's Shoreline regulations. DRAFT Urban Environment Conservancy Environment Natural Environment Water Class 1 City Limits Rentol: 'reposed Reluladans allan-bellPlld Acthdlles In ar AIIuttlnl Class 2 tl5 Waters : ........................................... . li~~~~i~~~~i~~~::~~~~~;~1 ......................................... -----~ 1 1 1 1 1 1 1 1 1 1 1 'I 1 1 1 1 1 1 1 ------------------------------------------------1 r-------------- Exemptions Summmy -------------- e· e 181101: PraPISld ReloladllS I.ACllvltles In Ir Abuttlnl Class 1 Waters e r---------------------------------Alternative n,...L,.".\"";(,,.,,.~i,.,,.)}>,.,,.::,~: -,;;P.,...:r..,'~"..~n;..,1i~,.".0~;;.,~,,:J:i;..,·i;:~ Standards e 111!!~i' ";;. ' ,i : L: -'.'. " 'I ---.---------------------------------------------------------------- City of Renton -Water classes e Economic Development, Neighborhoods & Strategic Planning .~. Alex Pietsch: AdmmlSlf'dtor ~ G.DeIRusanu DRAFT t 5 October 2003 Renton City Boundary PAA Boundary Class 1 Class 2 Class 3 Class 4 Culvert o I 3000 I 1 : 36000 6000 I APPENDIX B CRITICAL AREA MAPS Environmental Checklist: BAS, CAR and SMP GMA Integration G:\Projects\Renton, City ot\02534.02 -Best Avail Science\Renton CAO _ SMP _BAS\BAS _ Supplemental\CAO _ SEPA_ Submit\SEPA\envchlst_ CARSMP .doc RENTON MUNICIPAL CODE "<~"\>'~ Zone 1 ..... " ~-oJ ~ Zone 1 Modified :$~ Zone2 ".. City Umits FIGURE 4-3-050Q1 AQUIFER PROTEC"nON ZONES o I 5280' 10560' I--I~~~~I 1" = 1 MILE o 1500 JOOO -------.zd I CITY OF RENTON SENSITIVE AREAS FLOOD HAZARD AREAS -City limits o 1500' 3000' ~I ~ __ iiil! ~~~I CITY OF RENTON SENSmVE AREAS COAL MINE HAZARD -----Oty Limih _ High Hazard r=::J Moclerat. c:==J UncIauifI.d 8 r«JWcal-. • • lID + ~iJd.in&lJ>ubJicWod<s ~ R.M...onic,().VilDl:Jki Prinlcd M.y6. 2002 o 1500 3000 ~ 1:1&,000 CITY OF RENTON EROSION HAZARD SENSITIVE AREAS {) 1500 .'mll .......... I: HC,oon CITY OF RENTON SLIDE SENSITIVE AREAS ---City limits D King County Hazard ~ Moderate D High • Very High e· . '" Technical Services .(aID + PlanninllBuildinl/Public Worb ~ R. ".cOnie. D. V)sneski Printed February 20D3 o 1500 3000 ________ I SEISMIC CITY OF RENTON SENSITIVE AREAS HAZARD AREAS -----City Limits III High Hazard _ 25-40% Slope ••• 1 40+".4 Slope ~~ Creeks ~Rivers ~:::~:~ Lakes ---Roads ---City Boundary - _ -Municipality Boundaries Renton Steep Slopes I , I /\ , \ For Reference Only LInch"" 1 Mile I ! d o PLATE II OPEN-FILE RE. OFR9 Map D: Lower White and Green Rivers, and Duwamish River (continued from Plate I) i o Contour lnlcrvalll}() meters 10 MILES 10 KILOMETERS · ' . City of Renton -Water classes e~.. . Economic Development, Neighborhoods & Strategic Planning Alex: Pietsch. AJminislnllor G.L>cIRttsariu DRAFT 15 (lc,,,her200J Renton City Boundary P AA Boundary Class 1 Class 2 Class 3 Class 4 Culvert o I 3000 ! 1 : 36000 6000 I · . MERCER Renton Municipal Code Roads _ Wetlands ~ Creeks ~ Rivers City Boundary .~~ Lakes - - -Municipality Boundaries Renton Wetlands For Reference Only 1 Inch = 1 Mile I , ! ~ ~ ))~ ffiI DEVELOPMENT PLANNING CITY OF RENTON , , JUL'O 8 2004 Jones & Stol<es RECEIVED Memorandum ___________________ _ Date: July 13, 2004 To: Rebecca Lind, PrinCipal Planner, City of Renton From: Lisa Grueter, Senior Planner Subject: Proposed Renton Comprehensive Plan and Shoreline Master Program Policy" Amendments PURPOSE AND INTRODUCTION The purpose of the Renton Best Available Science Critical Areas Regulations Update and Shoreline Master Program GMA Integration work program is to meet Washington Growth Management Act (GMA) and Shoreline Management Act (SMA) requirements and City Comprehensive Plan goals for stream and lake protection. Among others. work program· objectives iIlclude:, • Refine City Comprep.ensive' Plan policies in light of Best Available Science particularly the Environment Element. • Integrate S~oreline Master Program Goals and Policies into the City Comprehensive Plan, essentially intact. Limited policy amendments are proposed to address use priorities ofRCW 90.58.020 (differentiate between Shorelines of Statewide Significance and all other Shorelines of the State that are found in the City). > . 'Consistent>~ith these objectives, this memo provides proposed Comprehensive Plan and Shoreline Master Program (SMP) Policy Amendments. Other related work program objectives . address SMP Map and Regulation amendments addressed in separate memos: • "Proposed Renton Shoreline Master Program Use Environment Amendments," March 8, 2004. • "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," July 13,2004. Introductory information including a full discussion of the work program and state laws is found in the memo: "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, July 13, 2004." 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com OVERVIEW ;)l,ii/ll:'; .!<"'t nr; 'JUC;OJ JV~C' {~'}[V3~ .~(; YTi:) Page 2 of 14 t;[liJ:\J'hi} i3V.2004 As noted above, in our work program there are several plah and policy amendments to be addressed: ' • Review the City's Comprehensive Plan and Shoreline Master Program (SMP) policies for consistency with the Growth Management Act (GMA), Shoreline Management Act (SMA), particularly Sections RCW 90.58.020 and RCW 90.58.100, and basic scientific principles and standards identified in the Draft "City 'of Renton Best Available Science Literature Review and Stream Buffer Recommendations," February 27, 2003 by AC Kindig & Co. and Cedarock Consultants. , • Address Shoreline Management Act required topics'unaddressed in the Renton SMP to meet RC~ 90.58.100. These topics include Historic/CulturallScientificlEducational and Flood Damage Prevention. The proposed policy amendments following this memo (Appendix B) accomplish the following to meet the above work program elements: • Growth Management Act (GMA):-Per GMA requirements, the SMP policies are incorporated into the Renton Comprehensive Plan Land Use and Environment Elements. The original SMP policy or section numbers are provided following the policy for reference.' " '. ' , ' • . Shoreline Management Act (SMA). SMP Policy Amendments: o Shoreline "element" topics unaddressed in Renton SMP (per RCW 90.58.100) consisting ofHistoric/CultunlllScientificlEducational and Flood Damage Prevention are incorporated. . o Additionally, a proposed restructuring of shoreline use'priority policies is suggested to better match the SMA use preferences along both Shorelines ofthe State and Shorelines of Statewide Significance. This is further discussed below ... • Best Available Science: Policy amendments have been proposed to the Environment Element primarily as well as to the Transportation, Utilities, Downtown, and Economic Development Elements asa result of Best Available Science Review. 'While . amendments to the Environment Element were proposed in 2002 by the City's ESA Task Force, and reviewed by the Renton Planning Comniission and City Council, as part of the current Best Available Science Review additional policy amendments are proposed, especially in the rivers and stream policies and floodplain policies of the Environment Element. In particular, these amendments are intended to lay the groundwork for our regulatory approach to stream classifications, buffers, and other items. ' Given the length of the Land Use Element, the attached policies show only those changed or added. Policy amendments in the "miscellaneous" Comprehensive Plan chapters are shaded Page 3 of 14 July 13, 2004 for ease .. Neatly all the Environment Element is updated. Shaded policies are those the consultants are currently suggesting. Other changes originate from the City ESA Task Force in July 2002; or from Planning Commission reviews in May 2003 and February 2004; or from early State Agency Input in May 2004. Editor's notes are included to provide some background on the basis of the draft policy amendments. Shoreline Master Program Use Priorities In 1997, the City of Renton participated in a case study of its SMP against a draft version of the State's proposed SMP Guidelines. While the 1997 Draft Guidelines differ from the State's SMP Guidelines adopted December 2003, some ofthe comments should be considered because they relate to the adopted State Shoreline Management Act (SMA). One of the key items is the extent to which the Renton SMP policies give direction for shoreline use preferences, particularly along Shorelines of Statewide Significance like Lake Washington. The current Renton SMP land use policies do not differentiate between Lake Washington and other shorelines. Refer to the Appendix A matrix for a comparison of State requirements, 1997 comments, current adopted SMP policies, and proposed SMP policies. . To address State comments and more importantly to meet the use preferences in RCW 90.58.020 (that did not change as a result ofthe 2003 DOE SMP Guidelines),land use policy amendrrierits are proposed as follows: . • -General provisions that apply to any shoreline activity oruseaie grouped...: e.g. policies' having to do with minimizih.g pollution, ensuring public· access is respectful of private property rights, etc. • Use preferences applicable to Shorelines ofth6 State (all regulated shorelines) except Lake. Washington are grouped, and the language takes much direction from the RCW 90.58.020 use preference policies. There are some editorial notes regarding how some language can be modified to still meet the State preferences and retain or enhance flexibility. .' • Use preferences applicable to Shorelines of Statewide Significance, i.e. Lake Washington, are provided, and follow from the specific use priority order in RCW 90.58.020, as well as Renton SMP regulations and definitions that indicate how uses can be allowed within this priority system if they provide significant public access. The 1997 State DOE comments had also suggested some other policy revisions in the areas of: • Policies/amendments as needed to provide for consistency between the Comprehensive Plan and SMA. A consistency matrix was suggested. The intent would be to indicate if there are any conflicts, redundancies, etc. Page 40f 14 July 13, 2004 • Policies to address SMP Regulations that go beyond the required SMP Elements, for example, addressing utilities, grading and filling activities, and others. The purpose . would be to support the range of regulations that the SMP code contains and provide guidance to the SMP administrator on issues not directly addressed by the regulations. Regarding consistency, in our review ofthe Comprehensive Plan elements and SMP, there were no apparent policy conflicts. The integrated SMP policies address the broad categories of uses anticipated in the Comprehensive Plan, residential, commercial, and industrial. There are some policies encouraging mixed uses as well. There were no apparent redundancies, and an attempt was made in adding the new SMP policies related to cultural resources and flood minimization to augment Citywide policies and incorporat.e them by reference rather than create redundancies. The Comprehensive Plan land use map generally recognizes long-standing land use patterns along the regulated shorelines such as residential and industrial, although in some cases mixed use redevelopment is anticipated (e.g. Center OfficelResidential or "COR" zone, and the Urban Center -1-:Jorth or "UC-N2" zone). The long-standing existing patterns do provide for some water enjoyment uses such as parks and water dependent uses such as a seaplane base, but the predominant land use pattern along Renton's shorelines consists of non-water-oriented development (e.g. residential, non-water oriented industrial or commercial), although such uses can be made more compatible with SMA use preferences where public access (physical or -visual) can be incorporated. As part of the City's future largerSMP update, the need/demand for water dependent/water related/water enjoyment uses in Renton will be analyzed and the City can then determine the best place for such uses in consideration of the long-standing land use patterns, and future market for shoreline dependent uses. In the interim, amended policies that more closely address the SMA's land use preferences may be helpful as waterfront development i.s proposed in accordance with the Renton SMP. . . Regarding policies to cover the range of issues in SMP regulations that go beyond required SMA policy topics, no specific policies are proposed at this time pending the City's future SMP Update in response to the 2003 State SMP Guidelines due in 2009. We look forward to discussing the policy amendments attached to this memo, and would be glad. to answer questions. Shoreline Use Preferences -State Laws and Regulations The SMA legislative policy indicates that uses are preferred on Shorelines of the State as follows: "In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines APPENDIX A MATRIX: SHORELINE USE PRIORITIES 1997 Renton SMP Shoreline Case . Study Policy Coinments -Use . Priorities Develop SSWS [Shorelin~s of Statewide Significance] policies· to address some of the fundamental planning issues on Lake Washington. Meet or communicate with the Department of Fish and Wildlife, Department of Natural Resources, Department of Ecology, and State Department of Parks and Recreation to identify what aspects of Lake. Washington and Green River in Renton's jurisdiction are of statewide importance. Incorporate their concerns into the environment . designation criteria, policies, and regulations and into any special standards in general or specific use regulations. This may result in a set of policies for SSWS that deal with questions such as: • How is preference given to uses which fulfill the State's interest in SSWS? • To what extent can new mixed- use development be placed on sites suitable for water- Current SMP Land Use Policies 4.01.02 Policies: A. Reasonable and appropriate shoreline uses and activities should be planned for: 1. Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. 2. Preference should be given to those uses or activities which enhance the natural amenities of the shorelines and which depend on a shorelines location or provide public access to the shorelines. 3. Planning, zoning, capital improvements and other policy and regulatory standards should not increase the density or intensity of shoreline uses or activities except on a demonstrated need considering the shorelines and then only in accordance with the policies contained herein. Page 5 of 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003IMarch 2004 Policy LU-381 Reasonable and appropriate shoreline uses and activities should be allowed based upon the following parameters: [Editor'S Note: See accompanying memo with alternative approaches to shoreline use priorities to better match SMA; except for number 6, language below taken from portions of RSMP 4.0l.02.A] l. Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. 2. Increases in the density or intensity of shoreline uses or activities as a result of Comprehensive Plan, zoning, or development regulation amendments should only be allowed when: . a. There is a demonstrated need for the use or activity; and b. The uses or activities are consistent with the Comprehensive Plan vision; e e Shoreline Use Preferences -State 1997 Renton SMP Shoreline Case Laws and Regulations Study Policy Comments -Use Priorities of the state, industrial and commercial dependent development if public . developments which are parti<;:ularly access is provided (e.g. Allen . dependent on their location on or use property)? .e of the shorelines of the state and other development that will provide an • To what extent must fish migration and habitat opportunity for substantial numbers of preservation be considered in the people to enjoy the shorelines of existing iridustrial areas? the state. Alterations of the natural condition of the shorelines and [Editorial Note: In 1998 shore lands of the state shall be exemptions for fish habitat recognized by the department. restoration were added; the . Shorelines and shore lands of the state general topic of how much shall be appropriately classified and mitigation is wrapped into our these classifications shall be revised ongoing development of stream when circumstances warrant buffers and management zones, regardless of whether th~ change in and it is likely we will revisit this circumstances occurs through man-issue before completing SMP made causes or natural causes." amendments.] (RCW 90.58.020, excerpted in part) • Can landfill be used as a means e Additionally, the Master Program has to clean a site? [Editorial Note: also been formulated so as to provide Landfill amendments were made for uses of shorelines of Statewide in 1998 to address MTCA Significance (i.e. Lake Washington; remedial actions.] Green River) in the following order of preference consistent with the SMA: . 1. Recognize and protect the state-wide interest over local interest . on shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. . Current SMP Land Use Policies 4. ' Plans should be developed for shorelines particularly suited for water-dependent uses or activities. 5. Multiple use of shorelines should be planned where location and integration of compatible uses or activities are feasible: 6. Aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for general enhancement of shoreline. areas. 7. Shoreline ilses and activities should be discouraged if they are objectionable due to noise or odor or if they create offensive or unsafe conditions in relation to reasonable . and appropriate uses and activities. B. Those shoreline uses or activities which are not water-oriented should be encouraged to relocate away from the shoreline. C. All shoreline developments shall be designed and constructed to . protect the rights and privacy of adjacent property owners .. Page 6 of 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003IMarch 2004 and c. The use or activity is consistent . with the use preference policies in this . Section. [Editor's Note: Subsections b and c added as criteria for Comprehensive Plan and SMA consistency. ] 3. Mixed use developments or activities along shorelines should be planned where location and integration of compatible uses or activities are feasible, and when consistent with Policy LU-384. [Editor'S Note: Multiple use changed to "mixed use". Policy reference added to match intent of State regulation,s and Renton SMP.] 4. . Shoreline uses and activities should the developed with uniform or coordinated site and architectural design. Buildings, fences, and other. structures should be sited to avoid or reduce impacts to public views of the .. shoreline. Landscaping should be employed to reduce from public view outdoor work or storage areas. These . aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for general enhancement of shoreline ..................................................... m. ............ .n ........................ '....... Shoreline Use Preferences -State Laws and Regulations 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shorelines. 7. Provide for any other element deemed appropriate or necessary. 1997 Renton SM'P Shoreline Case Study Policy Comments -Use· . Priorities Current SMP Land Use Policies Page 7 of 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003IMarch 2004 areas. [Editor's Note: The first three sentences help define "aesthetic considerations" and are based on the Shoreline regulations ofRMC 4-3- 090.K.3.] 5. Shoreline uses and activities should be discouraged if they would cause significant noise or odor or unsafe conditions that would impede the achievement of shoreline use preferences on the site or on adjacent or abutting sites. 6. All shoreline developments should be designed and constructed to protect the rights and privacy of adjacent property owners. [RSMP 4.01.02.C.] e Policy LU-382 Shoreline Master Program policies, environments, regulations, and permit review should be applied to achieve the following use preferences on Shorelines of e Statewide Significance which includes Lake Washington, as follows: [Editor's Note: Newly applied to address Shorelines of Statewide Significance which have a more strict use hierarchy.] 1. Recognize and protect the statewide interest over local interest, and promote long-term benefits over Shoreline Use Preferences -State 1997 Renton SMP Shoreline Case Current SMPLimd Use Policies Laws and Regulations Study Policy Comments -Use Priorities : e e Page 80f 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003/March 2004 short-term benefits. Consider Federal, State, and regional policie~ and programs. 2. Preserve the natural character, resources, and ecology of. the shoreline.· Measures may include, but are not limited to: a. Requiring uses and activities to be designedto avoid unique and fragile: areas; b. Reviewing and conditioning proposals to achieve no-net~loss of shoreline ecological function; c. Promoting watershed enhancement, fish passage enhancement, or other shoreline ecology enhancement proposals. [Editor's Note: Subsections a to care added to try and elaborate upon what· activities would help preserve the natural features of the shoreline, arid . are based on other existing Shoreline Policies or regulations, e.g. RMC 4-3- 090.K.7 and Renton SMP policies in Section 4.02. Item "a" no-net-loss is a concept that would be consistent with GMA critical area and best available science provisions as well as State DOE SMP guidelines.] 3. Increase public access to Shoreline Use Preferences -State 1997 Renton SMP Shoreline Case Current SMP Land Use Policies Laws and Regulations Study Policy Comments -Use Priorities ., . : Page 9 of 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003/March 2004 publicly owned areas of the shorelines, and increase recreational opportunities for the public in the shorelines; 4. a. Provide opportunities for. water-oriented uses, which include water dependent, water related, or water enjoyment uses: i. Water Dependent Development: Water dependent uses are uses that cannot exist in any other location and depend on a water or waterfront location. Examples of water dependent development include, but are not limited to, marinas, ferry terminals, float plane facilities, and other uses that are dependent upon a water location. ii. Water Related Uses: Water related uses include uses that support a water dependent use or have a functional requirement for a waterfront location. Examples of water related uses include, but are not limited to, warehousing goods transported by water, log storage, or other uses that depend on a waterfront location . iii. Water Enjoyment Uses: Water enjoyment uses include recreational uses or uses facilitating public access for a substantial number of people. I e e I I e e· Shoreline Use Preferences -State Laws and Regulations 1997 Renton SMP Shoreline Case Study Policy Comments -Use Priorities Current SMP Land Use Policies Page 10 of 14 July 13, 2004 Proposed SMP Land Use Policies _. May 2003/March 2004 Examples may include, but are not limited to, ecological reserves, parks, piers, restaurants, museums, aquariums, hotels/resorts, mixed-use commercial/office, or others which facilitate public access. b. Non-water oriented uses may be -. considered water oriented uses when significant public access is provided. [Editor's Note: The policy is consistent with current RSMP . definitions, 9.47 to 9.50.] 5. Provide for any other shoreline activity or use deemed appropriate or necessary, and. consistent with the State Shoreline Management Act and the-Renton Shoreline Master Program policies. Policy LU-383 Except for Lake Washington which is addressed in Policy LU-382, Shoreline Master Program policies, environments, regulations, and permit review should be applied to achieve the following use preferences on Shorelines of the State: [Rewritten from RSMP 4.01.02.A to more closely match RCW 90.58.020.] I. Preference should be given to those uses or activities which: Shoreline Use Preferences -State 1997Renton SMP Shoreline Case Current SMP Land Use Policies Laws and Regulations Study Policy Comments -Use Priorities " , " Page 11 of 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003IMarch 2004 a, Enhance the natural amenities of the shorelines, such as, but not limited to, activities which promote watershed enhancement, fish passage enhancement, reduced impervious surfaces, or other shoreline ecology enhancement proposals; and/or b, Depend on a shorelines location or provide public access to the shorelines, such as water dependent, water related, or water enjoyment uses, as described in Policy LU-382, subsection 4, [Editor's Note: Reflects 4.01.02.A.2 with text to illustrate concepts of enhancement, water dependent and water enjoyment uses; it is similar to Bellevue's policies from 1992. Adding an "and/or" rather than stating "and" to subsection "a" makes the policy a little less restrictive than current policy language, but is still consistent with RCW 90.58.020. Also addresses reduced impervious surfaces in l.a per DOE early agency comments.]. 2. Alterations of the natural condition of the shorelines of the state, developed in consideration of critical areas and protective of unique and fragile areas, are given priority for: a. Single family residences and e e Shoreline Use Preferences -State 1997 Renton SMP Shoreline Case CurrentSMP Land Use Policies Laws and Regulations Study Policy Comments -Use Priorities "' - " - Page 12 of 14 July 13, 2004 Proposed SMP Land Use Policies - May 2003IMarch 2004 their appurtenant structures; , b. Shoreline recreational uses such as parks, "marinas, piers, and other improvements facilitating public access to shorelines of the state; c. Industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state; and d. AdditIonal water dependent, water related, and water enjoyment uses, or other development that will provide an opportunity for substantial numbers of the people to enjoy the Shorelines of the State. [Editor's Note: Responding to RCW 90.58.020.] Policy LU-384 Those shoreline uses or activities which are not water- oriented should be encouraged to relocate away from the shoreline. [RSMP 4.01.02.13.] Policy LU-385. Plans should be , developed for shorelines particularly' suited for water-dependent uses or activities. [RSMP 4.01.02.AA] Policy LU-386. Festi~als and : Shoreline Use Preferences -State 1997 Renton SMP Shoreline Case Current SMP Land Use Policies Laws and Regulations Study Policy Comments -Use Priorities e e· Page 13 of14 July 13, 2004 Proposed SMP Land Use Policies- May 2003IMarch 2004 temporary uses involving public interest and not substantially or permanently impairing water quality, water flow or unique and fragile areas may be allowed. [RSMP 4.02.02.E.] i • APPENDIXB Page 14 of 14 July 13, 2004 PROPOSED POLICY AMENDMENTS -RENTON COMPREHENSIVE PLAN • I LAND USE ELEMENT GOALS 1. Plan for regional growth based on regional growth forecasts and objectives defined in the King County Countywide Planning Policies. 2. Promote new development arid neighborhoods in the City which: a. contribute to a strong sense of community and neighborhood identity; b. are walkable places where people can: shop, play and get to work without always having to drive; c. are developed at densities sufficient to support public transportation and make efficient use of urban services and infrastructure; d. offer a variety of housing types for a population diverse in age, income and lifestyle; e. are varied or unique in character; f. support a "flexible grid" street and pathway pattern where appropriate; g. are visually attractive, safe, and healthy environments in which to live; h. offer connection to the community instead of isolation; and 1. provide a sense of home. 3. Provide well-balanced, compatible, attractive, convenient,and robust commercial, office and residential development within designated Centers which serve the needs of the area. 4. Develop a strong ~mployment base in the City. 5. Develop a system of facilities which meet the public and quasi-public service-needs of present and future Renton residents. 6. Promote a distinctive community identity and an aesthetically pleasing city image. 7. Maintain the City's resources in areas with prime agricultural lands, extractive uses, and historic or archeological sites. 8. Develop and maintain a diverse open space network. 9. Actively pursue annexations. 10. Plan and coordinate land uses. public access. and natural resource protection along Shorelines of the State in accordance with the State Shoreline Management Act. J-J TABLE OF CONTENTS LAND USE SECTION I REGIONAL GROWTH POLICIES ....•.....•...•.••••........••.•......•••.•.•••••........••.•••......•••...•......... ~ .•...•....................... : ........•....•.•••• RESIDENTIAL .........•.......................•.....•...•...•••..•..••.•.••..••••.....•...•....••......•.•••••.•......•.......•••...••••............•.....................•. ; ••...••.. CENTERS •..•.. ~ ...•..••.•..... ; .. ~ ...... ~ ....•........••....•.••••.••••....•..•.•••.•.••.• ~ .•.......••.....••.••••••....••.•.•..•..•.•..•....•.••..•......••...••.....•.....••••...•••... EMPLOYMENT AREA ....................•.......•....••...•••...•... ,. .••••••....•.....•..•...•...•....•••...••.•..... ~ ••....••.•...•.••.......•...........•.....•.••....•..•• PUBLIC FACILITIES ...............•........•.••..••.......•..•••••..••.....•.••......••••......•.••.•..•..•..•.••••••.......•....•••....•••........•......•..•..•..••••....••..• COMMUNITY DESIGN •.......•..•....•••......•..•••••••••••.•..•.••••••.•.••.•..•.•.•...•••••..•..••••.....•..•••.•••...•.•••.•..••..•.••..•...........••....••••....••••..•• RESOURCE LAND .................................................................................................................................................................. . PARKS/OPEN SPACE .......................•......•...•...•..•••......•.•.••••.......•••.....•.........•.......•• ~ •......•....•..•... : ......•...•..................•. ~ ..••••.•.• SHORELINES OF THE STATE: LAND USE, RECREATION, AND CIRCULATION MANAGEMENT .....•.•..••••..•• Jurisdiction ...................................................................................... ; .............................................. .-................................... . Shoreline Master Programs ............................ : .............. : .............................................. , ...................................................... . Management Objectives & Intent. ................................ : ....... : ........ .-................... ; .............•................................................... Shoreline Use Environments ........................................................................... ; .......... : ...................................................... . Shoreline Uses and Activities ........................................................................................................................................... . Shoreline Economic Uses ............ : .................................................................................................................................... . Shoreline Residential Uses ........................................................................................................................... ; .................... . Shoreline Recreation ............................................................................... , ......................................................................... . . Shoreline Public Access ......................................... : .......................................................................................................... . Shoreline Circulation .. , ................ ; ...................................•.................................................................................................. ANNEXATION ..•..••.••. ; •.. ! ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ,. •• ,. •••••••••••••••••••••••••••••••••••••••••••••••••••• 1-2 RESOURCE LAND Historic and Archeological Resources Objective LU-UU: Protect historic and archeological resources in the City. Policy LU .. 339. Historic resources should be identified and mapped within the City. Policy LU-340. Archeological and historic resources which have not been previously identified should be surveyed as part of the application process for any development. Suspected or newlv discovered historic or cultural sites should be kept free from intrusions for a reasonable time until their value is determined. ~im:~] ~r?Wkl!l. I:> d RS1I1P 407 O? D? ] . lh'i'ote. :>3se on 1\ • _. _. ._. Policy LU-341. The City should pursue interlocal agreements with King County and other jurisdictions to identify and protect historic and archeological resources. Policy LU-342.· Historic resources should be incorporated into economic development and tourism activities in the City. Policy LU-343. Adequate mitigation and buffering should be established between historic resources and other land uses. Buffers, site planning, clustering, transfer of development rights, or other similar incentives and control should be utilized. Policy LU-344. Historic resources should be integrated into plans for parks, open space, and trails acquisition and development. Policy LU-34S. Officially designated historical sites should be preserved and/or incorporated into all development projects. Discussion: The City of Renton has a rich history as a pioneer settlement and mining community. As urbanization occurs throughout the Planning Area, historic structures and sites are in danger of being eliminated. These policies recognize the importance of historic resources and establish aframeworkfor developing programs to protect them. PARKS/OPEN SPACE . . Policy LU-360. The City should place its emphasis on acquiring open space that is either archeologically or environmentally sensitive critical or unique, or can fill a gap iIi the existing open space network. [~i~~)~~~: Use term defined in glossary.] Policy LU-368. :Public access should be encouraged through private open space where these open space areas can form a link in the community-wide system of trails, natural areas, and wildlife corridors. and would not be incompatible with the functions and quality of the critical areas. [~!'Aa.~l Public access may not be appropriate in all circumstances.] ,~ SHORELINES OF THE STATE: LAND USE, RECREATION, AND CIRCULATION l\lANAGElVIENT Summary: r[;;a:]tl.;l~;€~~~Yt~: Summar\' is in part from Renton Shoreline Master Program (RSMP) Sections 1 and 3.1 Shorelines are oflimited supplv and are faced with rapidlY increasing demands for uses sllch as marinas, fishim.!, s\'''imming and scenic views. as well as recreation. private housing. commercial and induslTial uses. The Washington State Shoreline ManaeCt11Clll Act (SMA) passed in J 971 and is based on the philosophy that \-3 I • BAS Review July 2004 CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY the sh~Irlin~~_9f our State are amonlLQ.1J.L..1Jl.Q~.L::~?.hlable" and "fragile" natural resources and that unrestricted developITI.ITl.L9fthese resources is not in the best Dubhe interest. Therefore, planning and management are necess~rv in order to prevent the harmflll effects of uncoordinated an4J2iece-meal deve10pment of our State's shorel1nes. . Under the Washington State SMA local govemments have the primary responsibi1itv for initiating the planning program and administering the regulatory requirements of the Act. with the Department of Ecology acting in a supportive, review, or approval capacity depending on the particular shoreline proposal and regu1atory requirements. ,Jurisdiction .. Enyironment Amendments."] 1. Cedar River. 2. Green River. ~11W;~W6"3: With City annexations and boundary adjustments over time, it appears the. Green River is not in the City limits .. Adjacent jurisdiction shoreline use classification boundaries along the Green River may intrude slightly into the City limits. Per discussions with Peter Skowlund of DOE, the City is required as the pemlitting agencv to apply the master program applicable to the Green River (Tukwila) if the water body is outside the City of Re·nton, but the 200 foot jurisdictional area falls within Renton Citv limits.] 3. Lake Washington. . . . '. . 4. May Creek from the intersection ofMav Creek and N.E. 31st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM downstream in a northeasterly direction to its mouth at Lake Washington. 5. Springbrook Cieek from the Black River on the north to S.W. 43rd Street on the south. 6. Black River. All are considered as Shorelines of the State. Further. by State standards, the Green River and Lake Washington are classified as Shore1ines of State-wide Sif!llificance. requiring more close review and regUlation, and comprise approximately 5~8 miles of the shorelines of the State. regulated by City of Renton. Shoreline Master Programs As set forth in the prOvisions of the Act, 10cal governments must fulfill the follov.ring basic requirements for regulated shorelines: • Compilation of a comprehensive inventory which includes a survey of natural characteristjcs, present land uses. and pattems of ownership.· • De\relopment of a Master Progl;am, includin..&....g9als. policies, and regulations to provide an objective guide for regulating the use of shorelines. • AdJ11jnistration of a shoreline permit sYstem for proposed substantial development on Shorelines of the State rel!ulate<Ll;?y R~ntQll. !ELcQDlPJjan~.f. with the inventorv re9uirelT!~Jli.~!f1.b.~_A~_,-thU1ent()n PIE:!lQiD.KJ)~P.£Itl.11..f.nt.~on9ucted a f.9ml)feh~miyein~ntQ)Y ofth~Jl.atu!:.al ch?.ntQt~Ii:Ji£':i.,J?.:r:.~g;D.tJan~lJ-lses, and....1jattem~ o(o\-vnership along the (LtY~~5_hQI.~Ji.D_~_,.T11~jn.ITl}1QJ:y_~a s QlIIU?.Le..:ts:J11D..._Qs:..Lober 1 ~ll_,:and pro vi de<L a subs tR.D ti a l..tm~is f QLtb.f. de_y~lQ].2m~..L£!Llhj3 Masl~IYr~"lliI?..!Ji __ IlL~J:S.enlQILS.b9r~J:hlL\1.~L~JIT. Pl:Q.gI:?:.mJRSMJ~~LSJY.U~L<; . .horelil1.f. 1-4 BAS Review July 2004 tit e CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY s:ny.!nmmen(s and specific use rs:gulations rel1ect the local conditions that are documented in that in:y~nto1}':..._~§ .!dPdates have been prepared over time fOIJ?articular locations or for particular Rolicies or regulations. additional llyentorv and analysis documeni'l:.!iQ!Lh,!sbeen supplied in accordance with the SMA and Washington Administrative Code requirements. The Citv of Renton. with the help of its locaLcitizens, developed a SMP in compliance with the Act to serve as a guide for regulating use of the Shorelines of the State within Renton's jurisdiction. The components of the Renton SMP. and their location in the Citv's plans and regulations, are as follows: • Shoreline goals, objectives. policies: o Land Use Element Subsection::-Shorelines of the State: Land Use. Recreation, and Circulation Management o Environment Element Subsection -Shorelines of the State: Natural Resources and Haz.ard Management • Shoreline use environments: o Land Use Element Subsection -Shorelines of the State: Land Use. Recreation, and Circulation Management o Renton Municipal Code. Title 4. • Shoreline use regulations, and provisions for variances and conditional uses. o Renton Municipal Code. Title 4. Management Objectives & Intent The basic intent of the RSMP is to provide for the management ~f shorelines of the· State within Renton's jurisdiction by planning for and fostering all reasonable and appropriate uses and to ensure. if development takes place, that it is done in a manner which will promote and enhance the best interests of the general public. The RSMP has further been composed to protect the public interest and general welfare in shorelines re!!1.llated by Renton and. atthe same time, to recognize and protect owners' legal property rights consistent with the public interest. The goals and policies of the RSMP are formulated so as to enhance the public use and enjoyment of the shorelines so long as that public use is consistent with. and does. not impair, legal private propertv rights; It is recognized that the Shorelines of the State found in Renton are located within a major urbanized area, arid that they are. subject to ever increasing pressures of additional usesnecessitating increased coordination in the management and development of the shorelines. An attempt has. therefore, been made to present a planned, rationaL and conceIted effort to increase coordinated and optimum utilization of the Shorelines of tile State under Renton's jurisdiction. The SMA legislative policy indicates that lIses are preferred on Shorelines of the State as follows: -'In the implementation of this policy the public's opportunity to enjov the physical and aesthetic qualities of natural shorelines ofthe state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be prefeJ)'ed .which are consistent with control ofJ2011ution and prevention of damage to the natural environment, or are unique to or dependent uPQ!lJ!;;e o(Jhe state's shoreline. Alterations of the natural condition of the ~.horelines of the state, in lhQ.~~J.iIDi.~iLilJstances when authorized, shall be !liven priority for singl~ family residences and their aPl~!J.nel1.;i1JLstructures. ports, shoreline recreational uses including but not limited to parks. marinas. wn.,-£1J1..~L<;)JlL~x improvements facilitating public access to shorelines of tb~ sta~-,-i!Jdustrial and COlT)J.llcn:i£!utr;:.'{.(;jgJ}ments which are particularly dependent on their IO<!.f"!tio.1.LQ..!l_QI hlJi.<::' 0 f th~ shore lines 0 f th c ~ill.t.'::'<:ln/;i..Q~L1..~TQ.£.ye 1.Q1]1l~!2Lth.£l.L~iJ112I9.0g.~_an _~·n;>porluni tv f()1~ Sll bstan t1 ::).1 1-5 BAS Review July 2004 • CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY IlUll1.bers of the people to e1]ioy ihc shorelines of the state. Alterations of the natural condition of ihe ~horelines and shore1ands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be aJ?Propria.!~l:Y-slassified and these classifications shall be revised when circumstances \ValTant regardless of whether the change in circumstances occurs through man-made causes or nahlral cau'ses." (ReW 90.58.020. excerpted in part) Additionallv, the Master Program has also been fonnulated so as to provide for uses of Shorelines of Statewide Significance (i.e. Lake Washington: Green River) in the following order of preference consistent with the SMA: ' 1. Recognize and protect the state-wide interest over local interest on shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shorelines. 7. Provide for any other eleme~t deemed appropriate or necessary. It should also be noted that the Washington State Department of Ecology has designated Lake Washington as a "region" for the purpose of shoreline planning. The Lake Washington Regional Shoreline goals and Policies adopted by the Regional Citizens AdvisOIY Committee on October 31, 1973, were considered in the formulation of the RSMP. ' Shoreline Use Environments SummarY: ' Shorelines orthe State are to be classified into "use environll1ents" based upon current . development pattern, biophysical capabilities, and other factors. Policies, standards. and regulations can be custoinized by use environinent, shoreline. and use depending on needs. Generally,ree:ulated shorelines include the water bodies and their shorelands extending landward from the }100dway or ordinarv high water mark for two hundred (200) feet'iri all direCtions. This jurisdictional area increases to include all marshes, bogs, swamps. and river deltas; associated with the regulated Shorelines of the State. The total of this area is subject to shoreline use classification and regulation. Objective LU-FFF: Cate{!orize shorelines based on the existing development pattem, the biophvsical capabilities and limitations of the area bein!! considered' for development. and the goals and aspirations of local citizenry. [RSMP 5.01] , Policy LU-377. Three environments. Natural, Conservancy, and Urban, are to be designated on Shorelines of the State to provide a unironn basis to apply policies and llse regulations within distinctively different shoreline areas. These classifications are applied at aproLrfammatic level on Figure X. [RSMP 5.01) PolicY Ll1-378. Natural Environment Classificatii)l1, Shoreline areas meeting the follO\ving intent and characteri.sti9~_§.!10uld be designated \Nith the Natural use environment classifiQ~!i~?D~ 1-6 BAS Review July 2004 tit e CITY OF RENTON LAND USE ELEMENT:-CHANGED OR ADDED POLICIES ONLY A. NatuJ~Ll~n.yiI.Q)1ment Intent: The purpose of the Natural environment i1> tQJ2IJ>.!.~:.Qumd preserve unique and fragile shordine or wetland' environments in their natural state. The Natural environment is intended to provide area~J.!L!yjlQJjJ~"?EoI1ctu.ID'~D.d habitat preservalion.[RSMP 5.02.01.A] B. Areas to be designated Natural environment shorelines: Areas that are to be designated Natural environment should include: 1. Areas that are unique or fragile. 2. Floodways areas. [RSMP 5.02.01.Bl much of the Natural environment is in public o"'\tnership. and there may be a localized opportunity for public access.] Policy LU-379. Conservancy Environment Classification. Shoreline areas meeting the following intent and characteristics should be designated with the Conservancy use environment classiflcation: A. Conservancy Environment Intent: The pw]?ose in designating a Conservancy environment is to protect, conserve. and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state. while providing for limited use of the area. The Conservancv environment is intended to provide a pleasant break in the surrounding urban community. This environment seeks to satisfy a portion of the present and future needs of Renton. [RSMP 5~03.0IA] B. A~easto'be Designated as a Conservancy Environment: Areas that are-to be designated Conservancy environment should include: ' , 1. Areas of high scenic value. 2. Valuable areas for wildlife habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot provide adequate utilities for intense development. ' 6. Areas with unique or fragile features. [RSMP 5.03.01.BJ C. Acceptable Activities and Uses: Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive natme which do not degrade the existing character of the area. 'Uses that are to be predominant in a Conservancy environment are low density residential, passive agricultmal uses such as pasture or range lands, and passive outdoor recreation. Active public recreation when compatible with the biophysical characteristics of the land may also be allowed. IEZf:m~ll~~: RSMP 5.03.01.C. Last sentence added due to public parks and recreation facilities that are fOWld along some Conservancy areas of the Citv.l Policy Ll..T-380.lJrban Environment Classification. Shoreline areas meeting the following intent and characteristics should be designated with the Urban use environment classification: A. Urban Environment Intent: The pU1J?ose of the Urban environment is to ensttre oDtimu1l1 utilization of shorelines within urbanized areas b'/ providing for Dublic use. especiallY access to and alom~ the ,vater's edge, 1-7 I BAS Review July 2004 • CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY ill19J;>y man<!£.ing development so that it enhances and mair!1ain§-.2DQreUnes fora multiplicitv of viable and necessarv urban uses. [RSl'v!P 5.04.01A] B. .. __ . Areas to be designated as an Urban Environment. The lJrban Environment is particularly suitable to those areas presently subjected to exti."emely intensive use pressure. as well as areas planned to accommodate intensive urban expansion. On certain shorelines planned for future urban expansion. there should be limitations based on the physical aspects of the site. Shorelines of the State reguiated by the City whi~h are not designated as Conservancv or Natural are designated as Urban. [RSMP 5.03.03] C. Acceptable Uses and Activities: [RSMP 5.04.01.B to D) i. High-intensity Land Uses: The Urban environment is an area of high-intensity land use including residential, commercial, and industrial development. . . ii. Water-Oriented Activities: Because shorelines suitable for urban uses are a limited resource, emphasis should be givento development within already developed areas and particularly to water-oriented industrial and commercial uses. 111. Public Access: Priority is also given to planning for public \isual and physical access to water in the Urban environment. To enhance waterfront and ensure maXimum public use. industrial and commercial facilities should be designed to permit pedestrian waterfront activities where practicable. and the various access points ought to be linked to non-motorized transportation routes such as bicycles and hiking paths. Sboreline Uses and Activities Objective LU":GGG: Plan and coordinate the shorelines of the State to afford best use of the limited water resource, and to provide. natural amenities within an urban environment.· [RSMP 4.01.01.A and B.] priorities to better match SMA; except for number 6, langua!!e below taken from portions of RSMP 4.01.02.A1 1. . Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. 2. Increases in the densitY or intensity of shoreline uses or activities as a result of Comprehensive Plan. zoning, or development regulation amendments should onlv be allowed when: a. There is a demonstrated need for the use or activity; and b. The uses or activities are consistent with the Comprehensive Plan vision: and c. The use or activity is consistent with the use preference policies in this Section. [~iID!9'fl~~~: Subsections b and c added as criteria for Comprehensive Plan and SMA consistencv.] . 3. ___ .. Mixed use developments or activities along shorelines should be planned where location and integration of compatible uses or activities are feasible. and when consistent with Policv LU-3S4. ~~ . 'K;.~1?3'f;Jf( .. '. , .... -.-... ~ ........... _2 ~tjt@:_.1'.v1ultiple use changed to "mixed use". Policy reference added to match intent of State regulations and Rel1 to!l5MJ~J ·:L ... _S.hQJ:~Jjne.uses aIld ~9ti,jJi~s should the developed with uniforJJL9S cQ9rdinated sit~aT!Q..E:[9hitec.tur:5!J QesiglL_lillilQin~is, fences.:;1n~otb-YLf?tJ:)lCn1reS should be sited tQ1!void or reduce impacts to public views oLthe 5bgx~Jjn~,-Jd!Ddscapin!! should b~ emploved to reduce from Pu1?li.(Lyj~~'~.9'dtd()()r work or storage areas. These ~ es tll~\jf._f.9.l1!ijQ~L<!tiQI!S_§J}9J,l1c:j_Qs:.encouraged when. con terilQ latillgD.S:_~ d eve;l 0Rn~nL e x telJ.~L~.L~g~.Y~1.9j21]len 1 1·8 BAS Review July 2004 e e CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY of existing taciJiti~~~lLfuI.£~ll~J:!:l1 enhancement of shoreline areas. [~~~: The first three se1'!Jences help define "aesthetic considerations" and are based on tl~5bordine regulations ofRMC 4-3-090.K.3.J 5.' Shoreline uses and,Ac6vities should be discour~d ifthev would cause significant noise or odor or Y.Jl~afe conditions that would impede the achievement of sh9reline use preferences on the site or on adjacent or abutting sites. ' 6. All shoreline developments should be designed and constructed to protect the rights and privacy of ~acent property owners: [RSMP 4.01.02.C.] , have a more strict use hierarchy.] 1. Recognize and protect the statewide interest over local interest and promote long-t~rm benefits over shOli-telm benefits. Consider Federal, State. and regional policies and programs. 2. Preserve the natural character. resources, and ecology of the shoreline. Measures may include, but are not limited to: a. Requiring uses and activities to be desil!11ed to avoid unique and fragile areas: b. Reviewing and conditioning proposals to achieve no-net~loss of shoreline ecological function: c. Promoting watershed enhancement, fish passage enhancement or other shoreline ecology enhancement proposals. [mFi1:1Irl'[~~: ' Slib~ections a to c are added to trY and elaborate upon what activities would help preserve the natural features of the shoreline, and are based on other existing Shoreline Policies or regulations, e.g. RMC 4- 3-090.K.7 and Renton SMP policies in Section 4.02. Item "a" no-net-Ioss is a concept that would be consistent with GMA critical area and best available science provisions as wen as State DOE SMP guidelines.] 3. Increase public acc~ss to publicly owned areas ofthe shorelines. and increase recreational opportunities for the public in the shorelines. , . 4. a. Provide oppOliunities for water-oriented uses. which include .J.;ater dependent, water related. or water .. . j. /. enjovhlent uses: i. Water Dependent Development: Water dependent uses are uses'that cannot exist in any other location and depend on a water or waterfront location. Examples of water dependent development include. but are not limited to. marinas. ferry terminals. 110at plane facilities. and other uses that are dependent upon a water location. ii. Water Related Uses: Water related uses include uses that support a water dependent use or have a fW1ctional requirement for a waterfront location. Examples of water related uses include. but are not limited to. \varehousing goods transported bv water, log storage. or other uses that depend on a waterfront location. iii. Water Enjoyment Uses: \-Vater enjoyment uses include recreational uses or uses facilitating public access for a substantial number of people, Examples may include. but are not limited to. ecological reserves. parks. Diers. restaurants. museums. aquariums. hotels/resorts. mixed-use commercial/office. or others which facilitate public access. . 1·9 BAS Review July 2004 • CITY OF RENTON LAND USE ELEMENT -CHANGED OR -1DDED POLICIES ONLY 5. Provide for any other shoreline activity or use deemed appropriate or necessarv, and consistent with the State Shoreline Management Act and the Renton Shoreline Master Program policies. Policy LU-383 Except for Lake Washington which is addressed inPolicv LU-382, Shoreline Master Program policies. environments, regulations, and permit review should be applied to achieve the followinl! use preferences on Shorelines of the State: [Re\vritten from RSMP 4.0 1.02.A to more closely match RCW 90.58.020.] 1. Preference should be given to those uses or activities which: . a. Enhance the nat11ral amenities of the shorelines. such as, but not limited to, activities which promote wat,:rshed enhancement, fish passage enhancement reduced impervious surfaces. or other shoreline ecology enhancement proposals: and/or . b. Depend on a shorelines location or provide public access to the shorelines. such as water dependent. water related~ or water enjoyment uses, as described in Policy LU-382. subsection 4. rGf~~~: Reflects 4.01.02.A.2 with text to illustrate concepts of enhancement. water dependent and water enjoyment uses; It is similar to Bellevue's policies from 1992. Adding an "and/or" rather than stating "and" to subsection "a" makes the policY a little less restrictive than current policy language, but is still consistent with RCW 90.58.020. Also addresses reduced impervious surfaces in I.a per DOE early al!ency comments.]. 2. Alterations of the natural condition of the shorelines of the state, developed in consideration of critical areas and protective of unique and fragile areas, are given priority for: . . a. Single family residences and their appurtenant structures; b. Shoreline recreational uses such as parks, marinas, piers, and other improvements facilitating public access to shorelines of the state; -. c. Industrial arid commercial deyelopmentswhich are particularly dependent on their location on or use of the shorelines of the state; and d. Additional waterdependenl, water related, andwater enjoyment uses, orother development that will provide an opportunity for substantial numbers of the people to enjoy the Shorelines of the State. r~2'J§\~~: Responding to RCW 90.58.020.] .. . Policv LU-384 Those shoreline uses or activities which are not water-oriented should be encouraged to relocate away from the shoreline. [RSMP 4.01.02.B.J PolicvLlJ-385. Plans should be developed for shorelines particularly suited for water-dependent uses or activities. [RSMP 4.01.02.4] . Policy LU-386. Festivals and temporary uses involving public interest and not substantia1lv or permanently jJ.1..J.Iillirill~vater guah~ater floyv or unique and fragile areas may be al1owed. [RSMP 4.02.02.E.] Shoreline Economic Uses Objective LU-HHH: Existing economic uses and activities on the shorelines are to be recognized and economic uses or activities that ar~ water-oriented are to be encounlKc;d. [RSMP 4.03.01.] 1-10 BAS Review July 2004 CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY. Policv LU-387. Economic uses and acti \lilies which are not water-oriented should be discouraged. In those instances where such uses Of activities are permitted, public access to and along the water's edge should be provided. [RSMP 4.03.02.A.] Policy LU-388. Future economic uses and activities should utilize the shoreline in an efficient manner. (RSMP 4.03.02.B.J 1. Economic uses and activities should locate the water-oriented portion of their development along the shoreline and place inland. all facilities which do not require a water's edge location. 2. The length. width. and height of over-water structures should be limited to the smallest reasonable dimensions. 3. Shoreline deve]opmcT!!s should be designed to .enhance the scenic view. Policv LU-389. Mixed-use economic developments on the shoreline should be encouraged to provide public recreational opportunities wherever feasible. ~1~~: RS1\.1P 4.03.02.C first phrase changed from "multiple use of economic development~" to "mixed use economic developments.] Policy LU-390. Shoreline facilities for the moorage and servicing of boats and other vessels. may be ~lIowed in appropriate locations within commercial or industrial zones. and should be prohibited in single family zoned areas wherever feasible. unless part of a public recreation property in a residential zone. 1. Commercial dockings and marinas are to meet all health'standards .. 2. Marinas and other economic activities are to be required to contain and clean up spills or discharges of pollutants associated with boating activities. . . 3. Shoreline facilities for !he ~oorage and servicing of boats and other vessels should be developed in size and location when it would not impair unique or fragile areas. or impact Federal or State listed species. [Eti~~: RSMP4.03.02.D; policy currently indlcates that the moorage and boat service facilities should be prohibited in single family. zoned areas, but does not say where these facilities may be allowed. However, language follows from RSMP 4.06.020.D. Section3 is added.] Policy LU-391. The expansion of]og raft storage on Lake Washington should be discouraged. IRSMP 4.03.02.E.1 Policv LU-392. Containment or mitir!Cltion of pollutants is to be required of all economic activities on the shoreline bv propertY OWn~L£1.m:!!.QLQJl.erator. [RSMP 4.03.02.F.] Shoreline Residential {)ses Objective LU-Ill: Existing residential uses are to be recognized. but future residential development should wimize regulated public access to and along the shorelines consistent with legal property lights of the owner. IRMSP 4.07.01J Policy LlJ-393. Residenti'!1.g.~~5 . .9\l~.l:.water should not be permitted. [RSMP 4.07.02.A.1 Policy LU-394. Rt:sidential develonment should 110t be constructed in unique and fragile areas. [RSMP 1.,97,Q2.B.l 1·11 I BAS Review July 2004 CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY .Polin' LlJ-39S. New residential developnients along or impinging upon the shoreline should be permitted only where sanitary sewer facilities are available. rRSMP 4.07.02.C.] Policy Lll-396. Future shoreline subdivision. multifamily developments. and planned unit developments (P.D.D.) should provide regulated public access to and/or along the water's eggf. [RSMP 4.07.02.D. Multifami.Jy us~sadded since it alread"y addresses PUDs and other residential.] Policy LU-397.New residential developments should optimize'utilization of open space areas. [RSMP 4.07.02.E.J Policy LU-39S. All further development on the shorelines of the May Creek east ofFAI-405 right-of-way and that portion of Springbrook Creek beginning from approximately SW 27th Street on the n01th to SW 31 st Street on the south. abutting City-o"Wlled wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the Citv's recently acquired Wetlands Mitigation Bank should be compatible wiJh the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. and is consistent with the underlying zoning. 2. For the subject locations. the waterways should be left in an undevelop~d natural state as much as possible. . , [~I~~~_: From RSMP 4.07.02.F: Subsection 2 shortened to remove the repeat of the specific location since it is in the preamble ofthe policy: also # 1 text added to say that the llses be consistent "With underlying zoning -residential use along Springbrook Creek is not highly likely given City ownership and natural shoreline character. but is likely along May Creek.] Shoreline Recreation Objective LD-JJJ: Water~oriented recreational activities available to the public are to be encouraged. {RSMP 4.05.01] Policy LU-399. Water-oriented recreational activities should be encoin'alled.[RSMP 4.05.02.A.l 1. Accessibility to the water's edge should be improved. 2. Shoreline park areas should be increased in size and number. 3. Areas for specialized recreation should be developed. 4. Both passive and active recreational areas are to be provided. Policy Ll).:.400. Recreational fishing should be supported, maintained and increased. [RSMP 4.0S.02.B.] .PoJicvLlJ-401.As private shorelands are developed. rights of public access should be attained based upon public aC9.es.§_;'lJJQJ.:ecre,iition plans developed bv the City. [Based on RSMP-4.05.02,C but refined throlllih Planning Commission discussion.] . . .. . . Policy LU-402. Local jlirisdictioTlS should join in a cooperative effort to expand recreational opportunities throuf!1lPJ::.Q.m::~!..TnS of acquisition. development. and maintenance of water:f1:9J.lL!ITS.~!..~~m.SJ'vrp 4.05.02.D.1 1-12 BAS Review July 2004 CITY OF RENTON LAND USE ELEMENT -CHANGED OR ADDED POLICIES ONLY Polin' LlJ-403. Subject to State and Federal regulations, the water's depth may be changed to foster recreational aspects IRSMP 4.05.02.E.1 Shoreline l)ublic Access Objective Ll}-KKK: Increase public accessibility to shorelines, and preserve and improve the natural amenities. [RSMP 4.04.01.] Policv LU-404. Public access should recognize and be consistent with legal property rights of the owner. [RSMP 4.04.02.A.·1 Policy ,LlJ-40S. Just compensation should be provided to propelty O\vners for land acquired for pubhc use. [RSMP 4.04.02.B.1 Policy LU-406. Public access to and along the water's edge should be consistent with public safety and preservation/conservation of the natural amenities. [RSMP 4.04.02.C.] '. Policv LU-407. Public access to and along the water's 'edge should be available throughout publicly owned shoreline areas. [RSMP 4.04.02.D.J Policy LU-40S. Public access fi'om public streets should be made available over public property or by easement. [RSMP 4.04.02.E.] ,Policy LU-409. Future multi-family, planned unit developments, subdivisions, commercial and industrial developments should be encouraged to provide public access along the water's edge. [RSMP 4.04.02.F:J Policy LU-410. Private access to the pUbliclv owned shoreline corridor should not be 'denied to O\vners of property contiguous to said corridor. [RSMP 4.04.02.G.J Policv LU-411. Wnen making extensive modifications or extensions to existing structures. multi-family. planned unit development, subdivision. commercial and industrial developers should be encouraged to provide for public access to and along the water's edge if phYsically feasible. [RSMP 4.04.02.H.] Policy LU-412. High-rise structures in the shoreline jurisdiction generallY should not be permitted; but could be pennitted' in the shoreline jurisdiction if: ' 1. Vie'ws oethe shoreline would not be substantially obstructed due to topographic conditioris~ and 2. Some oven-iding considerations of the public interest v./Quld be served. Shoreline low-rise development should provide substantial grade level views of the water fro111 public shoreline roads running generally parallel to the water's edl!e. [RSMP 4.04.02.1.J Policy LlJ-413. Both passive and active public areas should be desil!ned and provided. [RSMP 4.04.02.1.] Policy LlJ-414.ln order to encoural!e public use of the shoreline conidor. public parking should be provided at lrequent locations. [RSMP 4.04,02.K.] Policy LtJ-41S. Preservation or improvement of the natural al]lenities should be a basic consideration in the ~_~igJLQJ s bs,~:~JiD~Q...(~g~.1Q~ybjgJ:Ll!ub 1i c a ccess is p royi cl~Lil1S;J ud in g tll e trail system_ [RS MJ) __ ~Ln:LQ_2. L. J Polin' LO-416.1n planning for Dubhc access. emDhasis should be placed on foot and bicycle paths rather than roads. except in arca~ w)ieI~.'pJol.hli(:;J2Q.(111~..!o!D.fllil1g yy.Q~~J~Lhf~~l~.?iIable. [gSlvlp 4J'2.:1.02.1\1:1 '·13 I • BAS Review July 2004 CITY OF RENTON LAND USE ELEMENT-CHANGED OR ADDED POLICIES ONLY Shoreline Circulation Objective .LC-LLL:Minimize motor vehicular traffic and encourage pedestrian traffic \,,;it11in the shorelines. [RSMP 4.06.02.A.J Policy LU-417. Shoreline road,vays should be scenic boulevards where possible. Road standards should meet roadwav function and emen!encv access standards and provide for multiple modes. while reducing impervious surfaces where feasible. and managing surface "vater nmoffto achieve appropriate ,vater quality [RSMP 4.06.02.A; per Planning Commission discussion in May 2003, second sentence gets at portion of objective to . minimize motor vehicle traffic and is consistent with new policy T-71.] . Policy LU-418. Public transportation should be encouraged to facilitate access to shoreline recreation areas .. [RSMP 4.06.02.B.J Policy LU-419. Pedestrian and bicycle pathways, including provisions for maintenance, operation and sec uri tv, should be developed. [RSMP 4.06.02.C.] 1. Access points to and along the shoreline should be linked by pedestrian and bicycle pathways. 2. Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards within the shorelines. 3. Separate pedestrian and bicycle pathways should be included in publicly financed transpOltation systems or rights-of-way, consistent with public interest and safety. Policy LU-420. Commercial boating operations. other than marinas, should be discouraged, but if permitted, should be limited to commercial and industrial areas. [RSMP 4.06.02.D.] Shoreline Historic/Cultural/Scientific/Education Resources & Activities Objective LU-l\tLl\lM.: Shoreline areas ha"ing historical. cultural. educational. or scientific value should be retained. Policv Ll!423. Through programs, acquisition, or regulations. shoreline sites with historic. cLlltural, educational, or scientific value should be protected, and such features may be integrated with other shoreline· uses if appropriate to the character of the resource. Policv LU-424. Historic and ArchaeoIo&rical Resources Objective LU-lJD and associated policies are incorporated by reference as part of the Citv of Renton Shoreline Master Program objectives and policies. 1-14 VIII. ENVIRONMENTAL ELEMENT GOAL 1. Continue protection of Renton's natural systems, natural beauty, and environmental quality. 2. . Pi-ovide protection to endangered species in:habiting and passing through the City limits while continuing to provide a competitive economic development environment. VIlI-J TABLE OF CONTENTS Page General Objective And Policies ................................................................................................. VIll-3 Surface Water ............................................................................................................................. VIll-3 Rivers And Streams ................................................................................................................... VIll-4 Wetlands ................... ~ .......................................................... : ..................................................... VIll-4~ Flood Plains ....... : ............................................................................. : .......... ; ................................. VIll~Q· Stormwater ........................................................................................ :.: ...................... : ............... VIll-6 . Ground-Wwater Resources ..................................... :~ ............... : .................................................. VIll-7 Fisheries And Wildlife Resources ............................................ : ................................................ VIll-8 ProeessAdaptive Managenlent ............................................................... ~ ..................................... VIll-8 Atmospherie COflditioflsAir Quality .......................................................................................... VIll-91 0 Noise Impacts ........................................................................................................................ VIll-lO Steep Slopes, Landslide, And Erosion Hazards ............................................... :., ....................... VIll-lO Seismic Areas ............................. : .................................. :, .. ; ................................ : .................... : ..... VIll-IGl I Coal Mine Hazards ..................................................................................................................... VIll-l+~ RIE;ft4g't:f~$.'fij.'lii'~f,':kr~iif.~".r.tii$_'k')f-#&l;'lt!iJi'~;l"ii¥tMy'l!~,~&;4.$l'l1M .. .,llor-eUJ1~sIDf:IU\:'J;DI.U.mU! ... ){.~lfui.KeS()m:Ge'S:,anwm.~n\J.WJ;Y,i.ooage:J:uent. .................................... . VIlI-2 Summary: The purpose of the environmental policies is to provide the policy background and basis for future environmental actions by the City of Renton as it attempts to balance urbanization, economic development, and natural area protection. Environmental policies address substantive issues such as development within floodplains, wetlands, and steep slopes and procedural issues such as how ·these areas should be mapped and how they should be regulated. Environmental policies will be implemented through economic development decisions, critical areas regulations, and incentives for environmental protection. (See the Employment Area _ Industrial and Open Space Sections of the Land Use Element, Stormwater Section of the Capital Facilities Plan Element, Stormwater & Aquifer Protection Sections of the Utilities Element for policies related to Environmental Element.) General Objective and Policies Objective EN-A: Protect, restore and enhance environmental quality through land use plans and patterns, surface water management programs, park master programs, development reviews, incentive programs and work with citizens, land owners, and public and private agencies. Policy EN-I. Prevent development on lands where development would create hazards to life, property, or environmental quality. POLICY EN-2. Ensure that development on lands supporting endangered or threatened species occurs in a wav that maintains adequate habitat. Surface Water POLICY EN-4. Implement clustered development as a method of consenTing additional private opens space, or providing public parks and trails. Dis£assioo: De .. relopment elustering, preservation of significant natural features, afld retention of or estabiisllment of vegetated conidor~ aTe eKamples .. of de'.relopment patterns fuat implenlent tllese . objeeti'.tes. Objective EN-B: Protect and enhance water-quality of City's surface water resources for public health and safety. as well as recreation and environmental preservation. Policy EN4~. Manage water resources for multiple uses including recreation, fish and wildlife habitat, flood protection, erosion control, water supply, energy production, and open space. Policy EN-J§. Minimize erosion and sedimentation by requiring appropriate construction techniques and fa1111iflgland stewardship practices. Policy EN-41. Limit-discharges of pollutants such as chemicals, insecticides, pesticides, and other hazardous wastes to surface waters. l)olicY EN-S. Encourage methods of reducing effective impeD::ioLlS ~urfac~ and surface water run.: Qtljn)!I.~E_~.2yhere iimijjng impervious surfaces VIlI-3 Amended 1·UlU9+7/22/02: BAS Review .,.004 CITY OF RENTON ENVIRONMENTAL ELEMENT Discussion: -T~ali{y O/.'iUF/.f:it"e-waIe-F-f'e-SfJbIFf!eti is important/o/" the City (~fRenl:()nff:)rflubli(: hce!th fH/:d-fftfletY-~'8ons, as well as reereatione.t and ('1/p·ironmcnlalreasolls. S'tIrface wat~1-I:tfiffln meY--HJtimate~.· mean afJ'tIifer poUution. High water quality can be achieved through the use of Best Management Practices for industriesL tHHi businesses. and public education. Preservation of riparian corridors can protect receiving waters from storm water effects such as erosion and sedimentation. Further protection of surface water will come through aquifer protection policies and ordinances, which could limit discharges of pollutants. Land uses are suggested in the plan Rivers and Streams which will also secondarily address surface water impacts. Objective EN-C: Protect and enhance the City's rivers, major and minor creeks and intermittent stream courses. VIIl-4 I .. e Amended .f.Yl.2-19+7!22/02; BAS Review .July 2004 CITY OF RENTON ENVIRONMENTAL ELEMENT Policy EN~13. Degraded channels and banks should be rehabilitated by public programs and new development. Policy EN-614. Develop land use regulations ,;,.hich establish and enhance setbacksVegetated buffers along all waterways and intermittent stream l1I~ll~"'~~mm ID courseS7 :c::LJ~jiG£1i~ The purpose of the setbaclcs ",:ould be to retain an enhanoement of the natural vegetation provide for m.maili-=:i infiltration, maintenance of wildlife habitat and Policy EN-115. In situations where itis necessary to cross or access If crossings and/or access points are required across fish::bearing river~ and/or stream channels, improvements should be made in the follov .. ingorder ofpriorit)':hridges or above- water crossinl!s should be given firstpriority. 1. Crossing and bridges which access several properties. Wetlands 2 .. le When ~i:1crtg~!~fl crossings and bridges are not feasible, culverts cshould be used . which are oversized and have gravel . bottoms which maintain the channel's width and all Discussion: The rivers and streams within the City hold great importance for the citizens. These waterways can be protected through three measures: preservation of their their banks, and the next to them. modified to address phvsical functions per DOE earlv agencv review comments.] Policy EN-816. Achieve no overall net loss of the City's remaining wetlands base. Poliey EN 9.' In no case should development actiYities decrease net acreage of existing wetlands. VIII-5 Policy EN-ll18. Water level fluctuations in wetlands used as part of storm-water detention systems should be similar to the fluctuations under natural conditions. capacity provided in existing wetlands should be encouraged. rmil9l1· lf3~: Changes per DOE early agency review . comments.] . PaHey EN 12. Pursue ail potential funding sources in order to purchase significant wetlands. Policy EN~19. When development may impact wetlands, the following hierarchy should be followed in deciding the appropriate course of action: Amended -l-2+1-U9+7/22/02: BAS Review .,lloo4 CITY OF RENTON ENVIRONMENTAL ELEMENT a. avoid impacts to the wetland, b. minimize impacts to the wetland, c. restore the wetland when impacted, d. ~I > n~ III-at a ratio which will provide for its assured viability and success, e. enhance the functional values of an existing __ "",d,;,.e~gr~a_ded wetland. . [Bit\,~e: Changes per DOE early agency review comments.] . Policy EN-l420. Provide a ranking system for )'.'etlands based on Wetland protection measures should reflect their acreage and quality. High-= quality wetlands should have more protection-tffider this system. Policy EN-l521. ProvideSupport incentives for an of wetland functions and values Amendments per DOE early agency review comments.] Policy Jj:N-i&22. Encourage public access to wetlands for use when sensitive habitats are protected. Policy EN-l+23. Meet water quality standards prior to discharging surface water into wetlands. Flood Plains .Policv EN--H24. Ensure wetland mitigation projects in the City attain the same ecological functions as natw'al wetlands of equivalent quality. Dis£assiaR: The City has liver 35(} aeFeS of we#ends at the time of/his wriling. Th;Se we#tmds provitlejJtJeti sliJrage, wiltlJife hahitat, water qualitypreteetiiJll,Wtlter qU8.'ltiiy 8r infihrati81i, aesthetic Pelie/, erosleV1 and sedimcnt'atieR eenlre/, alidpeUuiallt remfJ' .. al. In seme areas of/he Cif)~ the Ratural fURclieniag efthcse we#tmds is integral Ie pFt9teetieN (~l]Jmpertiesfrem .fleeding. Objective EN-E: Protect the natural functions of 100 year floodplains and floodways. Policy EN-lS25. Prohibit permanent structures from developing in floodways due to risks associated with deep and fast flowing water. Policy EN-:l-926. Limit development within the 100 year floodplain to that which is not harmed by flooding. Roads and finished floors of structures should be located above the 100 year flood level§ and new development should provide compensation for existing flood storage capacity due to filling. Vlll-6 Policy EN-W27. Restrict land uses to those which do not cause backwater or significantly increase the velocity of floodwaters. Policy EN-U28. Incorporate design features which are intended to keep harmful substances from flood waters in any development which is allowed in the 100 year floodplain. Policy EN~29. Emphasize non-structural methods in planning for flood prevention and d d · '~TI!<"ll;'01Wgj!l1F%':)$'fW¥ffim!W'l\lI'iI1%1!V"" amages re llctIOn. &lfl)silirlfuai:;~f!ieajiiliJiC,'t1an.n:e'1 e Amended ~9+7i22/02: BAS Review July 2004 CITY OF RENTON ENVIRONMENTAL ELEMENT a. Continue as-needed maintenance f)gredgeillg of the constructed channel section of the Lower Cedar River per the City of Renton's agreerilent with the U.S. Army Corps of Engineers for flood control bed-using best management practices to minimize salmonid habitat disruptionas one method of flood control. Stormwater ·e Discussion: 171e maintenance dredging oOhe lower 1.25 miles oOlle constructed channel section oUhe Lower Cedar River will continue to be needed periodical/v. ·171e Citv of Renton was the local project sponsor with the U.S. Armv Coms of Engineers for the constmction oflhe Cedar River · Section 205 Flood Hazard Reduction Project. As the local project sponsor. the City orRenton is required bv its Project Cooperation Agreement . with the US Corps o(Engineers to maintain the federal project. which includes fitture maintenance dredging. Objective EN-F:' Conduct a s,S.tormwater management program,§ wffiehshould optimizes Renton's water . . . resources. Policy EN~33. Maintain and enhance natural drainage systems to protect water quality J~ habitat, reduce public costs, and prevent environmental degradation. Policy EN-:2-534. Preserve natural surface water storage sites that help regulate surfaceservice flows' and recharge gr~undwater. Policy EN-U35. Provide local funding for the stormwater program through Storm Water Utility. Policy EN~36. Control quantity and quality of stormwater run-off from all new development to be VIlI-7 consistent with natural OF improved over existing conditions .. Policy EN-2836. Minimize on-site erosion and · sedimentation during and after construction. Policy EN~37. Route stormwater run-off from new development to avoid gully erosion or . .landslides in ravines and steep hillsides. Policy EN~38. Industries and businesses should use best management practices to prevent erosion · and sedimentation and to prevent pollutants from entering ground or surface waters. Amended 12/12/977/22/02: BAS Review .a004 CITY OF RENTON ENVIRONMENTAL ELEMENT Policy EN-J.l37. Implement surface water management systems which protect natural features whenever feasible. Policy EN~38. Promote means of flow control, when required in \vaterways, thatto prevent erosion. protect water quality and salmonid habitat. and maintain the channel in as natural a state as possible. Policy EN~39. Use, maintain, and enhance the natural stormwater storage capacity provided in existing significant wetlands. . Policy EN-J440. Use interlocal agreements and cooperative planning programs to coordinate, where appropriate, with King County, Tukwila, Newcastle, and Kent and other agencies for stormwater management. Policy EN-JMl. Actively participate in non-point source pollution watershed plans including those for the May Creek, Cedar River, and Green River Basins. Objective EN-G: In conjunction with natural system protection policies, Provide a storm and surface water control and drainage system§ capable ofshould preventing threats to life, property and public safety during a 100-year flooding event. Policy EN-dM2. Promote the return of pre- cipitation to the soil at natural rates near where it falls through the use of detention ponds, grassy swales, and infiltration where feasible. Policy EN-3+43. Promote development design which minimizes impermeable surface coverage by limiting site coverage ~d maxiniizing the exposure of natural surfaces, Policy EN~4. Manage the cumulative effects of storm-water through a combination of engineering and preservation of natural systems. Disclt!isifm: With the ave..-age annli611 rainfall 8S high 6lS it is in th~ Gily, stfJrm w6!ier e~ntrtJI i8 6l.n imptJri6!ni CtJneel~n. Regiomill6!1ui localized flooding is found in dewnttHV'n Renton end ll~ the Green River Valky. While )'fJriowi agencies mTlage {lie "il>e"'S itr {fe()d co'lI"()/ 'a1Ot:¥! a'll()1;t'llS 'li· ,11)1 •. ,., "'0 • ,. &fstorm wEI/BI'jiTHn i1'llperviaHS slirfoces contriblite la the jleoding situati811. As .. lIC drainage hasins conlinue la ~'eJ.6p 1:1 King C81tilt)' and olher Green Ri)'er Valley' cities, mare starm )"aterpasses through Renton, Ihefinal tiewnstreal1ljurisdic.'iall far Ihesc hflSills. . Engineering techniques can Cf)ntroZ-much althe s/armwater through tieEenti()n Bnd reten/ian systems. Howe',,'CF, the eulnulf1:tive ejJeClS o/S{()Fm W6\'Cf' Cfln an~)' he 1'Ilflnaged hy fl cambill611iar1 if engineering 6lFldpl'eservfltian efnetUFtll !J)If,te1'l1s such fIS stre{{ms, ri',;crs, fInd wetkuuls. The:-;c policies w81'k i:l cancert then, with thepi'e)'io'bl8 .. naltwfll s»'stempalicies. Objective EN-H: Support and sustain educational, informational, and public involvement programs in the City over the long term in order to encourage effective use, preservation, and protection of Renton's water resources. Policy EN-394S. Provide information for and participate in informing and educating individuals, groups, businesses, industry, and government in the protection and enhancement of the quality and quantity of the City's water resources. Policy EN-4046.Increase the community's understanding of the City's ecosystem and the relationship of the ecosystem to water resources. VIII-8 Policy EN-4l47. Create the long-term community commitment that will be necessary to sustain efforts to protect the City's water resources, and habitat. afHlas well as maintain and improve water quality through educational programs. e Amended HI-P...J9.1-7/:!2/0:!: BAS Review .July 2004 CITY OF RENTON ENYJRONMENTAL ELEMENT PolicyEN-48. Continue to participate in and implement t11e recommendations £I-om the Water Resow-ce Inventorv Area (WRIA) regional salmon conservation planning in response to the Endangered Species Act. GrauBEI 'VaterGroundwater Resources , Disclission: IlIdhliduals can aid in tii()rF1Z~· .. a{er management tJtreub>'h Best _~4tl1U1gem(;'1If Practices at the singlefil1'l'liZ}' home er single husiness level. Objective EN-I: Ensure the long-term protection ofthe quality and quantity ofthe groundwater resources of the City of Renton in order to maintain a safe and adequate potable water supply for the City. Policy EN~9. Designate and protect areas of critical recharge and other associated aquifers within the City and its Potential Annexation Area the sphere of influence through coordination with surrounding jurisdictions. Policy EN-4350. Emphasize the use of open '. ponding and detention, grassy swales, clean roof run-off, and other stormwater management techniques that maximize water quality arid infiltration where appropriate ,and which will not endanger groundwater quality. Policy EN-4451. Acquire the most sensitive lands such as wetlands and flood plains for conversion to parks and greenbelts_. . Policy EN-4552. Any businesses relocating to the downtown that use or store materials regulated by the Aquifer Protection Ordinance should be sited outside of Zone 1 of the aquifer. Policy EN-53. Avoid contamination ofaguifer during construction activities. ' . Discussion: In 1988, the EnvirenmenEal Pre.'eetien AgeRCY designated the CedBr Ri"er rlfjuifer as a se.'e seur'fJe aquifer jerthepetrlbk water fer the Cif)' ejRen.'en, 98% eItlie City~ }\'ater sUfJfJly cemesjroH} that aquifer erjrem springs in the' T."lihe.' Read flFea. Streflgpelieies preEce.' these supplies threugh a ilflriety efmeEheds, il'leluding 'pfflteetien. &jllatuffll systems and carej1il FCgtlltitie1'l &fde~'eJ(jpment in sensiiiw rlfjttifer fJFetl!r: . ObjectiveEN-J: Increase the p~rticipation by the City of Renton in resolution of regional ecological issues that may impact aquifer protection. . Policy EN-4a54. Promote the useofinterlocal agreements with other agencies to restrict land use in sensitive aquifer recharge areas to minimize possible sources of pollution and the potential for erosion, and to increase infiltration. Faliey EN 17. Aetively participate in regional highway planning, constrHetion, and traffic restrictions.[Ed. Note: See new Policv EN-46-53(or' avoiding contamination o(llqlli(er bv COllstructionl Fisheries and Wildlife Resources FeJiey EN 48. Discourage the continued use of, and hauling ofv/aste to, the Cedar Hills landfiil through the City ofReriton. Policy EN-4955. Participate in land use and sewerage decisions in outlying areas of the ' City's aquifer. Objective EN-K: Identify. F12rotect, and enhance wildlife habitatthroughout the City. Policy EN-W56. Identify unique and significant wildlife habitat as defined by \Vas!l:ngton State VIlI-9 l+uffitat and Species Project and ensure that buildings, roads, and other features are located on Amended +14-Y9+7!22/02: BAS Review •• 004 CITY OF RENTON ENVIRONMENTAL ELEMENT less sensitive portions of a-sites containing identified habitat. Faliey EN S1-.--kl~and preserve con'ideFS connecting habitat acquisition, regulation of development proposals, and other means. Policy EN~57. Encourage preservation and enlargement of existing habitat areas through development incentives. Policy :~~i~i;;;iiiisiuis;taii:n PolicyEN-M59. Retain and enhance aquatic and riparian habitats by requiring vegetated buffers for all new corridors .. FreeessAdaptive Management l)ist'uss;OIl: The Cin: ofRelllOrt, ul1h~e IIU:lIlV . . .. ~ major Puget Smmfi-ei-ties,has severelunique ereas a/habitat. The Cedar [{h'er supports m6ljorfish nms fiurillg the yea,". Springbrook Creek, Honey Creo/;. ami I'.fay Creek-trlso provido habittH for 8tdmo1litis. The Black River jarc8tpf'ol'iries habit6lt leI' over 35 species efbirds, including heron and eagles, and maJl)' small 191tlmmals. The Ce·der River, ,A,fey Creck. ami Pe.nther Creek cOR"idors have lares/cd, IIlCatiell'. aild shrob habitats that PFOidfle shelter and food lar Hlan), species. Dcer haw been spoued mif::,'rtJting through the power line c(;wridors mftieh criss cross the Cit)'. Besides these east west corritlots, a nerth seuth cerridor efhabit6lt e.~~ists stretcllingjfflm t.fte Cedar Ri ... er dreinage te the },fey Creek dreirta~'C directly f}f;itside the cit)' linlits en the plateau. These policies previde fer fwesen.etien of these hflbitats. A l'llriety efmethods C(~uld be f:lsed te implement these pelieies: consen/alien easements, 'ergo let reiling, cit)' epen :;pacepurehase and wildlife menagelFlent. setbr:wks. l'etentienQl":c vegetetien in various ereas. ami l6lndscflping regula:tiens spec~fying native 1'egettL#en which Wf:JulTipffl)'ide faed alld shelterfor irildlife. Objective EN-L: Environmentally sensitive areas should be identified and regulated to protect life and property according to the severity of the natural hazards. Critical area regulations should be reviewed periodically to ensure effectiveness in protecting environmentally sensitive areas. Policy EN-Mi60. The following should be considered in designating and controlling envi~orurientally sensitive sites: a) critical areas and reJource lands inventory; b) steep slopes drainage swales, lakes, wetlands, bogs, streams, rivers, or other surface water bodies; c) unstable or water-::bearing soils; d) unique fl~rFa-aft6 unique faunapresence of ~~tl~~R1til:'lf~~~J~m endangered or threatened species; and e) historic and archeological sitesaquifer recharge areas.~ f) un ~*-'-natHrat-featUIt'&; VIII-IO Policy EN-Se61. Maintain an up-to-date inventory of envirpnmentally sensitive areas including riP'~l'T1T\t;n,.,,, of criteria for and PolicyEN-S+62. Regulate identified sensitive areas through the implementation of regulations addressing uses, densities, clearing, grading, and/or vegetation removal and retenti911. I e Amended 12/12/977/22/02: BAS Review .Jul\' 2004 CITY OF RENTON ENVIRONMENTAL ELEMENT Policy EN-5863. environmentally both the areas and the ~i!i~~~!t!tl~ be used to protect critical areas and critical area buffers that are not protected through public ownership.Establish and maintain a secondary system of corridors to proteCt agriculture, timber,· . . PolicyEN-6G65. Encoura~e preservation of these secondffi)'corridors~!~~¥r~~~~ mtf'tafl'~ through incentives and regulations which will provide for public health and safety, and provide visual relief from urban structures and . Polic)'-EN~67. The final identification of . environmentally ;IIl.~ areas, Air Quality:\tmespher\c Conditions Policy EN-6469. Critical areas, or portions of critical areas, may be included in community separators. Disenssilm: These p8lieies pffl)'itie e1'/: i1'/:tegF6ted ClfJPffltlch fei" the reguhiti81'/: tlUS 19ie1'/:egemCl'lt &/ CI'll'ifflUmental tlrctls btlSed en the );e!ue fJ:fthe . reseurcc tmd0r the sevcrity fJjthe luserds. The 1'/lClpS Y'cvetll thtlt s(.L)'ei"el oIthe eritiee/ effltES often eecur simbtttenc8usiy anspnwitle )\'iHilije heb#et if tmde .. 'clfJpCtl. The p8lieies CI'll'isiml e tlr8 lie1'Cfl tlfJPretlch 18 Ihese .eFces: the mes' h(ser-98w..' s/teuHi be d-esig1'/:eted 6S erificel C81"ridelw; the ' .. see81'/:d es en)'ii«)1'/:mentelly sensitiv-c end sheuHi iF/elude tJg'I:ieu/ture. miFlCF6!, Jerest lands, end wildl~re heeittlt net Clsseeietefi with e cwiticel tlrC6. Reguhitions tlns ltlnduse {ksigiltltiens cettld be preyided Ie these {we gfflupS e/lewingjer det'e!opmCTif when' 6ppl"epriete, . Objective EN-M: Protect and promote clean air and minimize individual and cumulative noise impacts to ensure a healthyfut environment.. .. . Policy EN..ft570. Maintain high air quality standards through efficient land use patterns. Policy EN-6671. Promote air quality through reduction in emissions from industry, traffic, commercial, and residential uses. Peliey EN 67 .. Llmit noise from construction activities to reasonable how's of the. day and days of the week, VJIJ-ll PaHey EN 68. Limit the use of public address' systems to ensure that noise does not spill over to adjacent land uses and acti..-ities on a daily basts. Policy EN 69. Ensure that the design, placement, and use of any on site equipment, such as air wndtt-ffln-ing units Of other eqllipment is accom pli[;hed in a manner which minimizes noise impacts Bfl--U€jacent land 113es and activities .. Amended +1~1)+7!:!2/02: BAS Review .a004 CITY OF RENTON ENVIRONMENTAL ELEMENT Noise Impacts • Objective EN-N: Minimize individual and cumulative noise impacts to ensure a healthy environment. llolicv EN-n. Buffer noise impacts from construction activities to residential neighborhoods and commercial areas. .Policv EN-73. Limit the use of public address systems to ensure that noise does not spill over to adjacent land uses and activities on a dailv basis. Steep Slopes, Landslide, and Erosion Hazards Policy EN-+075. Land uses on steep slopes should be designed to prevent property damage and environmental degradation, and to enhance greenbelt and wildiife habitat values by preserving and enhancing existing yegetation to the maximum extent possible. Policy EN-+l76. Allow land alteration only for approved development proposals or approved mitigation efforts that will not create unnecessary erosion, undermine the support of nearby land, or unnecessarily scar the landscape. Policy EN~77. Mitigate problems of drainage, erosion, siltation, imd landslides by decreasing development intensity, site coverage, and vegetation removal as slope increases. Policy EN-+J7S. Protect high landslide areas from land use development and roads. VIII-12 Policy EN-74. Ensure that the design. placement. and use of anv on-site equipment, such as air conditioning units or other equipment is accom- plished in a manner which minimizes noise impacts on adjacent land uses and activities. Policy EN-1479. Retain or replace native ground cover after construction in areas subject to erosion hazards. Special construction practices should be used, and allowable site coverage may need to be reduced to prevent erosion and sedimentation. Limitations on the time wh~n site work can be done may also be appropriate. Policy EN-+SSO. Incorporate design elements which preserve and enhance the natural drainage system into developments in an effort to control erosion and sedimentation. Policy EN-1(}SL Design, locate, and construct utility systems in a manner which will preserve the integrity of the existing land forms, drainage ways, and natural systems. Di!.'CHssion: Rente:.' is located in a geogrtlpltidall.y WtitJlte aree. The ",;ef!s (~ftheplfiteaus ami river .'afk')'s contain hoff.! steep ami er-esi)'e condiiions . . Vumerous landslides creele costs horne by the pHhfic figelldes eWIY.'P'ear anriprit'aie O'lI'lIers oji-{H't--sT:I;(Ferpropert)' d-emagefrom these same C-v~rth-e-High a1llNffll rail?if:i!! and soil £-eH-d-i-ti{fH-s--;--erosioll dElI/wite can-et~~ 'e,,· .. l area." a~' "'e'l "5 deep onc" Tl""'"Ju,I;BiJ''' "", I »c ~j. ,Ii I tl. ~i, '"0 .• d. ~~~U7I"'CT u-p-5ffl+Hiartls-'r'Vhich '.fill p rofe€t---p-ttMi-e--ltcal-l-lt; I • e Amended +UJ.U9+7/22/02:BAS Review .July 20()4 • CITY OF RENTON ENVIRONMENTAL ELEMENT preeeed in £Ippropriarc areas. Seismic Areas Objective EN-Q~: Reduce the potential for damage to life and property due to seismic events. PolicyEN-+182. Minimize the risk of structural damage, fire, and injury to occupants, and prevent post-seismic collapse by using special building design and construction measures in areas with high seismic hazards. VIII-13 Policy EN-+883. Prior to development in high seismic hazard areas, builders should conduct special studies to evaluate seismic risks and should use appropriate measures to reduce the risks. Amended 12/12/977/22/02: BAS Review Ja004 CITY OF RENTON ENVIRONMENTAL ELEMENT Coal Mine Hazards • Objective EN-¥Q: Reduce the potential for damage to life and property due to co11apsed mine shafts, improperly sealed mining tunnels. and methane gas leaks associated with abandoned coal mines, and return tht~s~ laOO-properties to productive uses. Policy EN-+984. Identify Maintain maps of areas which may be impacted by abandoned coal mines and update these maps as new information becomes available. Faliey EN 80. Develop land use plans and zoning to reflect the hazards to de,,-elopmen.t in iden:tified aFea:&: Policy EN-8!85. Allow clustered developments in coal mine hazard areas in order to concentrate development awav from coal mine hazards that mav not be precisely located and mapped. land uses to loeate in soal mine hazard areas, provided the hazards are J)fesiseiy loeated and all significant hazards associated ,vith the rnilles are eliminated, making the sit~ as safe as a site 'shich has not been previously ,mined. . . . . , Policy EN~86. Show the location of coal mine hazards on any plat or site plan maps. Such documents should be recorded. Diseossiao: The City ofRen-ton has a long and rioh history of coal mining. Most mining sea sed by the end of World War IT but the mines still remain. Some entrances have not been properly sealed,' , some shafts present potential for collapse, and some areas may gen:erate methane gas. These h~Fds are often unnoticeable on the surface, but may present subterranean dangers for the }3FOPerty OVlflers. These policies reneet the importance of identifying and regulating tfiese w.·eas. Sji'._lllfSttm;'I,.t'lll' __ mitlmlat4tWa1elntii1 VIlI-14 e' Amended ~-4-Y9+7!22/02; HAS Review .Julv 20()4 CITY OF RENTON ENVIRONMENTAL ELEMENT I VIII-15 • MISCELLANEOUS POLICY AMENDMENTS TRANSPORTATION ELEMENT Objective T-AA: habitat!. Preserve and protect natural resources fparticularly critical areas and wildlife Policy T -65. Promote programs which maintain mobile source pollutant levels at or below those prescribed by the EPA, State Department of Ecology, and the Puget Sound Air Pollution Control Agency. Policy T -66. Comply with the stipulations described in the State Implementation Plan (SIP) for air quality compliance. Policy T-67. Promote water quality by encouraging increases,in carpooling, vanpooling, transit and non-motorized transportation usage. Policy T -68. Incorporate in transportation facilities vehicular pollutant and surface water run-off management and treatment techniques that maximize water quality. Policy T -69. Comply with the stipulations described in federal, state and local water quality standards and regulations. . Also see related Policies in the Environmental Section of the Land Use Element and King County Countywide Planning Policies CA-14 and CA-15, which by this reference are incorporated in this Chapter. UTILITIES ELEMENT Surface Water Objective U-F: Provide and maintain surface water management of drainage systems to minimize impacts on natural systems and to protect the public, property, surface water bodies, and ground water from water quantity and quality problems. Existing Conditions. Renton's Surface Water Utility was organized to meet specific ordinances, regulations and to insure that planned facilities meet defmed engineering standards. The Utility is operated as a self-supporting utility under the direction of the Mayor and City Council. Renton BAS Policy Review Miscellaneous Elements 1 July 2004 Utility Service Area The Utility's service area currently includes all lands within the City boundaries, more than 16 square miles. However, surface flows from the urban area within the Urban Growth Boundary (annexation area) also affect the surface drainage system. This potential annexation area is currently serviced by King County. As areas Within the Urban Growth Boundary are annexed into the City, Renton will assume management of their surface water services. . General Location ofF acilities The existing surface and storm water facilities follow natural drainage patterns wherein surface water is collected and detained to reduce peak runoff rates, to provide water quality improvement, and for infiltration. Alternatively, it is conveyed through pipes to numerous surface water bodies. These surface water bodies include several creeks and rivers, and Lake Washington. The major topographic elements of the service area include several major drainage areas or basins within the city limits (see Figure 4-1). The northern-most basin is the May Creek Basin, which begins northeast of the city limits and flows to Lake Washington. The Cedar River Basin runs through the heart of downtown Renton. This basin extends far beyond the city boundaries. Thus, hydrologic events and urban growth beyond the city limits may have a significant impact upon the surface drainage system, particularly near downtown and the outfall into Lake Washington. The facilities within the city limits for these basins include storm sewers,. detention facilities, open channels, and other protective works. The Black River·Basin, also know as the Eastside Green River Watershed (ESGRW), is a major basin in the southwestern portion of the City. The basin encompasses approximately 24 square miles which includes areas of Kent, Tukwila and King County. Thus, coordination with other agencies in this area is essential. The City of Renton makes up less than one third of the total basin area. The facilities within the city limlts for this basin include the Black Creek Pump Station, Springbrook Creek, the P-l channel, . storm sewers, detention facilities, open channels, and other protective works. ; , . . . The remaining basins within the city limits include the West Hill Basin which drains to Lake Washington, the Lower Empire Sub..,basin in the Duvyamish Basin which drains to the GreenlDuwamish River and the Soos Creek Basin. The Soos Creek Basin is primarily outside of the city limits: . . The City of Renton is currently developing basin plans for the Black River Basin, the Mapiewood Sub- basin,the Cedar River Basin (with King County), and the May Creek Basin (with King County) .. . . . . Existing Capacity of Facilities The existing surface water drainage system is meeting capacity requirements under normal conditions. However, in some areas of the City, the system has become inadequate to serve present needs during large, infrequent storm events. Of particular concern are inadequate facilities located within several basins. These basins are each affected by upstream development activities which have occurred in their respective watersheds, creating downstream capacity deficiencies. Currently there are no special efforts for floodway protection outside of the development review process and emergency responses during flooding. The City is studying frequently flooded areas· including the Cedar. River, North Renton and the Black River Basin. . ProblemS in the Black River Basin include widespread flooding or surface water p~nding in the valley during severe rainfall events and the loss of outlet culvert capacity from the Panther Creek Wetlands. Existing and future surface water quality issues, loss of wetland habitat and fishery passage problems are additional concerns, with the continued development of the upstream portion of the watershed. Renton BAS Policy Review Miscellaneous Elements 2 July 2004 Other problem areas within the City include much of the downtown and Rolling Hills vicinities. Storm drain facilities in areas along SW 7th Street, near the Renton Center, and Renton Village w;e over capacity during severe storm events causing flooding of facilities which are undersized for current flows from their tributary uplands. North of Downtown, both the Gypsy Creek Basin and the North Renton Basin experience flooding caused, in part, by inadequately sized pipes, ditches and detention facilities. Flooding in the Gypsy Creek Basin is associated with facilities located near an interchange' of 1-405. Flooding in the lower portion of North Renton is largely caused by the system not being able to convey drainage from the Highlands neighborhood. Existing Reliability To a large extent the reliability of the storm drainage system depends on two factors. In areas where growth has occurred, or will occur, the facilities must be designed to detain flows, and sized to convey any increased storm flows. Additionally the facilities require regular maintenance to prevent debris ;;md blockages which impair the system's ability to function properly; and routine observation to insure they' operate as designed during high flows. Thus, reliability is a function of proper sizing and maintenance.' City facilities in th~ lower reaches of several watersheds no longer meet the capacity requirements and, in some instances, may not have been maintained on a regular basis. Thus, they may not be considered reliable. As part of the City of Renton Comprehensive Surface Water Utility Plan, a Capitallri1provement Program (CIP) will be developed to solve drainage problems and improve reliability. The Surface Water Utility has identified needed improvements through the basin plans. The current Surface Water Utility CIP is a4dressing existing drainage problems (Cedar River Delta,Project, Jet Vistaffaylor Avenue System Improvement Project, N.E. 5th Place Storm System Replacement,Project). Surface Water Quality and Quantity Best Management Practices to b(i! Implemented to . Mitigate Future Land Use Impacts -. The Puget Sound Storm Water Management Ma!lpal issued by the Departme~t of Ecology (DOE) provides guidelines for best management practices (BMPs) to be implemented to mitigate land use impacts. Examples of various BMPs include: public education, buffer zones, oil/water separators and facility maintenance. The City currently operates a maintenance program which includes cleaning catch basins and a street sweeping program with a vacuum sweeper. The City has also achieved some source control by requiring Renton BAS Policy Review Miscellaneous Elements 3 July 2004 detention facilities on site. City requirements for water quality include biofiltration, wet ponds or wet vaults for most new development. Forecasted Conditions Future Utility Service Area The Utility's Service Area could enlarge substantially to approximately 35 square miles if the City of Renton annexes all areas within the Urban Growth Boundary. The areas that may be annexed are currently served by King County facilities .. These facilities, their upkeep and maintenance would be assumed by the City upon annexation. General Location of Future Facilities The Renton sUrface and storm water system currently operates much lIke the gravity based sewer system, although the destination is surface water bodies, rather than waste treatment plants. Storm and surface water facilities will generally remain in their current locations, although the individual sections may be replaced to convey high~r flows. For new development, surface water facillties are usually constructed on a site-by-site basis, rather than on a comprehensive or system-wide basis. Storm water pipes and detention facilities will be constructed on-site during ea,ch construction project, and the off-site release rates should be limited to pre- development levels, per the King County Surfa~e Water Design Manual. ". . . . . , Although peak flows are to be regulated to pre-development levels, total volumes offlow'will increase under the land use plan. In basins with liririted flow discharge, newdevelopm~nt may create negative downstream impacts although the developers have met storm water controls and requirements. In addition, the total volume of runoff will increase in all areas of new development, increasing erosion and sedimentation, and decreasing surface water quality.' . The unincorporated urban area has existing storm water conveyance systems that are planned and administered by King County. The County land use plans for these areas are similar to the Renton plan. Since the King County facilities are designed with the same standards as City facilities,they function the . same as City facilities. . . Future Capacity of Fac~lities . Many of the existing facilities within the City limits will require modifications to increase capacity and detention. All facilities should be sized to detain or ,convey storm flows from the twenty-five year hydrologic event The goal for new development is to detain all flows on-site. Basin plans will be prepared to·determine sizes fQrnew regional facilities arid drainage. Several basin plans are being prepared now and others are planned for the future. lrl addition, the Surface Water 'Comprehensive Plan, now under preparation, will identify key dements that must be included in all basin plans. The use o(the adopted Interim Land Use Element of the Comprehensive Plan (June, 1993) will result in consistency among plans used throughout the Planning Area. The anticipated increase in impervious surface in all areas will increase surface runoff and require new facilities at development sites. In addition, new development, particuhrrly infill development, may increase surface flows beyond existing facility capacity, requiring the enlargement of facilities downstream of the development. City standards require that new development mitigate for impacts to surface water by releasing runofffrom the site at a rate equal to the pre-developed runoff rate. Also, if downstream problems exist, new development is required to performoffsite analysis to ensure that the downstream problem is not made worse by the development. .' Renton BAS Policy Review Miscellaneous Elements 4 Surface Water Quality Requirements in Aquifer Protection Area Zones 1 and 2 Development projects located in either Zone 1 or Zone 2 of the AP A are required to pass additional City review to insure the projects do not produce any water quantity and/or quality impacts which may affect the aquifer. Areas of particular concern include areas subject to vehicular traffic or the storage of chemicals. Increased surface water conveyance systems will be required to comply with these goals. The adopt~d Land Use Element of the Comprehensive Plan proposes areas for development of more intensive larid uses by the year 2010. This includes substantial development and redevelopment of the Downtown. Portions of this area are within Zone 1 of Renton's APA (regulated by Ordinance 4367, adopted September 14, 1992). Zon~ 1 requirements include closed detention facilities including wet vaults and coalescing plate oil/water separators on site,. and pipe conveyance systems to existing facilities. AP A Zone 2 requirements affect much of the northern and eastern portions of Renton. These requirements are not as stringent as Zone 1 requirements, but will also be likely to increase conveyed surface flow to downstream facilities. The AP A regulations may increase the potential surface and storm .. flows generated from both zones, most likely req~iring existing facilities to be enlarged to meet the increased capacity need. Policy U-74. Design storm drainage systems to minimize potential erosion and sedimentation problems, and to preserve natural drainage systems including rivers, streams, flood plains, lakes, ponds and wetlands. Policy U-7S. Encourage the retention of natural vegetation along lakes, ponds, rivers, and streams, where appropriate, in order to help preserve water quality, protect fishery resources, and control erosion and runoff. Policy U-16. Filling of natural watercourses shouldb~ discouraged. IfnQ other option is avaiiable, such' deveiopment should follow specific design standards to minimize degradation of water quality, aquatic habitats and the effectiveness of the local natural ~inage system. Poli~y U-77~ :Promote and support public education and involvement programs which address surface water quality and other surface water management issues. . . Policy U-78. Encourage the safe and appropriate use of detention and retention ponds, biofiltration swales, clean roof run-off, and other groundwater recharge technologies to reduce the volume of surface water run-off, to recharge aquifers and to support base flows in streams for aquatic resources. Discussion: Natural hydrologic systems play an integral role in effective surface water management. Engineering techniques can control much of the storm water through detenticm and retention systems. However, the cumulative effects of storm water can only be managed by a combination of engineering and pres-ervatio.n of natural systems. . . .' POIi~y u~ 79 .. Work towards protecting surface water resources' fr~m pollutants entering via the storm drainage system .. Policy U-80. Work towards protecting ground water resources from pollutants entering via the. storm drainage system. Policy U-81. Require compliance with surface water controls in order to protect surface and ground water quality. Policy U-82. Coordinate with adjacent cities, King County, Pierce County, and State and federal agencies to determine storm water drainage responsibilities with regard to federal pollutant discharge elimination regulations. Policy U-83. Existing natural drainage, watercourses, ravines and other similar land features should be protected from the adverse effects of erosion from increased storm water runoff. Renton BAS Policy Review Miscellaneous Elements 5 July 2004 · .' Discussion: Surface water can dissolve and'transport toxins from the human environment as well as carrying eroded materials. Renton's municipal :water supply as well cis downstream water bodies must be protectedfrom these water borne contaminates through prudent management practices ... Policy U-84. Stonn draillage prograins should be coordinated.with adjacent local and regional jurisdictions. . . DOWNTOWN E.LEMENT .. ,,' Policy DT-14. Heights of structures within the shoreline management area along the south side of the Cedar River should be 4esigned to maximize solar exposure to the trail and river from the months of April. through October.. '. . . ECONOMIC DEVELOPMENT Re~ton BAS' Policy Review Miscellaneous Elements' ' ..... ,. 6 July 2004 Adopted 07/27/98/BAS Review .Iulv 21 GLOSSARY IX. GENERAL GLOSSARY accessory housing: dwellings constructed within an existing single family home, usually for use as a rental unit. An "accessory unit" is a separate dwelling, including kitchen, sleeping, and bathroom facilities. Also known as "in-law apartment." accessory units: a unit that is incidental to the principal unit and on the same lot. activity node: an area of higher density mixed land uses served by city-wide or regional transportation systems. adaptive reuse: the utilization of an older building which is no longer suited for: its original purpose, but may be modified and reused for a different purpose such as housing. A common example is the conversion of older public school buildings to rental or condominium apartments. affordable housing: affordable·housing is generally defmed as housing where the occupant is paying no more than 30 percent of gross income for housing costs, including utilities, and meets the needs of moderate or low-income households. aquifer: a geological unit of porous and permeable rock, sand, or gravel capable of yielding usable amounts of water. . annexation: the act of incorporating an area into the domain of a city, county, or state. . . arterial, minor: a right-of-way which serves as a dis~butor of traffic from a principal arterial to less important streets, .directly to secondary traffic generators such as community shopping areas and high schools, and serves trips between neighborhoods within a community.' Minor streets are more intensive than collectors, but less intensive than principal arterials. arterial, principal: a right-of-way which connects regional arterial to major activity areas and directly to traffic destinations. Principal arterials are the most intensive arterial classification, serve major traffic generators such as the Central Business District, major shopping and commercial districts, and move traffic from community to community. bicycle facility: an improvement designed to facilitate accessibility by bicycle: including bicycle trails, bicycle lanes, storage facilities, etc. . block: the area formed by two facing block fronts bound on two sides by alley or rear property lines and on the other two sides by the center line of platted streets, with no other intersecting streets intervening. boulevards: typically a broad thoroughfare that is often separated by a landscaped median or center divider which has potential to function as linear open space. Boulevard designation would imply a higher priority for landscape, sidewalk or trail improvements. capacity: the ability to contain, absorb, or receive and hold employment or residential development. IX-I Adopted 07/27/98/BAS ReVillUIV 2004 GLOSSARY capital facilities: as a general definition, structures, improvements, pieces of equipment or other major assets, including land. Capital facilities are provided by and for public purposes and services. cluster development: a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally critical areas.·· co-location: the concept of placing public facilities at or near the same location to provide increased public access. One example is the co-location of some public schools with community center. . , commercial use: an occupation, employment, or other enterprise that is carried out for profit by the owner, lessee, or licensee .. commute trip: a trip made from an employee's residence to a worksite for a regularly scheduled work . day. . . . comprehensive plan: a statutory document which sets forth a government's major policies concerning the desirable future (of the area's people) and physical development of its area; it states the desirable ends· and vision of the City. Under the Growth Management Act, the Plan must include the following elements: Land Use, Transportation,. Housing, Capital Facilities, and Utilities. A plan almost always includes the three physical elements of land use, circulation,· urban design, housing, and an open space section. The entire planning jurisdiction is covered and the different systems represented of the various sections are all coordinated with each other. District and neighborhood plans normally follow the land use, amplifying its features on a district-by-district or neighborhood-by-neighborhood basis. commercial: a type· of land use including commercial office activities and the retail sale of goods and . servIces. community: . a subarea of the city consisting of residential institutional and commercial land uses and sharing a common identity (for example, the Highlands) .. community separators: corridors of natural areas or very low density rural development between higher density urban areas. Examples include lands useful· for open space, wildlife habitat, recreation· trails and connection of critical areas, agricultural uses, or lands which have a rural character. . concurrency: a Growth Management Act (GMA) requirement that the transportation facilities needed to maintain adopted level of service standards for arterials and transit routes are available within six years of development. Other services, such as water and sewer, must also be available to serve development at the time of occupancy or within a specified time period. congestion: a condition under which the number of vehicles using a facility is great enough to cause . reduced speeds and'increased travel times. convenience commercial: small commercial areas providing limited retail goods and services such. as groceries and dry cleaning fornearby customers. countywide planning policies: . as required by GMA, the King County ·Council adopted a series of policies which embody a vision of the future of King County. These policies (along with the Framework Policies) are intended to guide the development of Renton's Comprehensive Plan. ix-2 Adopted 07/27/98/BAS Review Jut" 2, GLOSSARY critical areas: wetlands, aquifer· recharge areas, fish and wildlife habitat, frequently flooded and geologically hazardous areas as designated by the Growth Management Act. culverts: a drain, ditch or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk, or public way. dedicated lands: land which is legally established for a specialized use, e.g. access, open space, or parks. densitv bonuses: incentives provided to a developer in order to encourage the construction of affordable housing units. The developer is allowed to build a certain amount (usually a percentage) more than normal in exchange for the provision of a certain number of affordable units. This technique is most attractive when the zoning allows less floor space than demand warrants. detached single family house: a residential building containing not more than"one dwelling unit entirely surrounded by open space on the same lot. . . development activity: the application of human, financial, and physical resources to satisfy human needs and improve the quality of life; inevitably development involves modification of the biosphere some aspects of which may tend to detract from the quality of life . locally, regionally, nationally, or globally.· . development standards: in respect to any development, fixed requirements or standards imposed by regulation or ordinance under environmental planning legi~lation. duplex: a residential building containing two dwelling units located on a single lot. dwelling unit:· one or more rooms located within a structure, designed, arranged, occupied or intended to· be occupied by not more than one family and permitted roomers and boarders,· as living accommodations, independent from any other family. The existence of a food preparation area within the room or rooms shall be evidence of the existence of a dwelling unit. effluent: the liquid that flows out of a facility or household into a water body or sewer system. For example, the treated liquid discharged by a wastewater treatment plant is the plant's effluent. environmental impact statement (EIS): a document intended to provide impartial discussion of significant environmental impacts which may result from a proposed development project or problematic action. If the reSponsible official determines,that a project or action may have a significant adverse effect upon the quality of the environment, the State Environmental Policy Act (SEP A) requires that an EIS be prepared. The purpose of the EIS document is to provide the government decision-makers with information to ,be considered prior to determining a project's acceptability. The draft EIS, which is circulated for review and comment, describes the action, analyzes the impacts of the action, and proposed alternatives an9 mitigating measures. Comments on and revisions to the Draft EIS are included in the Final EIS, the findings of which are appealable. ERU equivalent residential unit: a term defining the amount of water a particular customer uses. The measurement is based on the same amount of water consumed by an average single family residence on a maximum day on an annual basis. IX-3 Adopted 07l27I7u!~~~ GLOSSARY extractive uses: industrial activities involving the mining of natural resources, e.g.: sand, gravel, coal, oil and gas. family: generally, a group of individuals living under one roof. Additional definitions of family include the follows: extended family: a family· composed of related persons including those who are not nuclear family members or are adult children living with parents. non-traditional family: any family not composed of a full complement of traditional family members. traditional family: a family unit composed of mother, father and non-adult child/children (also known as nuclear family). Fiscal Impact Assessment: a study to deterririne the financial effects of a proposed development or policy on the cost· of· services provided by the City such as utilities, traffic, road maintenance, transportation improvements, community facilities such as parks, emergency services, land development and environmental protection services. floor area ratio (FAR): a nitio which expresses the relationship between the amount of gross .floor. area permitted in a structure and the area of the lot on which the structure is located. functional plans: city departments prepare planning documents which establish long-range goals and ·objectives ·to guide their operations and capital development requests. These plans, referred to as functional plans, typically represent the-ideal goals for the department in providing urban services and facilities. . gateway: a point of entry which identifies a transition. between different land uses, landscapes and jurisdictional boundaries and enhances a felling of anticipation and arrival for the approaching traveler. The 'plan discussed two types of gateways:' primary-major points of entry to the City experiences by people in automobiles, buses, and potentially trains. Secondary-entry ways that function for the ask as a whole or neighborhoods including downtown. Secondary gateways can be perceived by non-motorized modes of travel and are designed to reduce speeds. geologically hazardous: areas which may be prone to one or more of the following conditions -- erosion, flooding, landslides, coal mine hazards, or seismic activity. greenbelt: an-area designated in the L~d Use Element of the Comprehensive Plan intended for open space, recreation, very low density residential. uses, agriculture, geographic relief between land uses, or . other low intensity uses. IX-4 Adopted 07/2 GLOSSARY gross density: a measure of population, housing units, or building area related to land area, and expressed as a ratio, i.e. one dwelling unit per acre, or 1,000 people per square mile. Growth Management Act (GMA) of 1990: a law passed by the Washington State Legislature in 1990 and amended in 1991 that mandates comprehensive planning in designated counties and cities statewide. (RCW 36.70A) hazardous waste: wastes or combinations of wastes which pose a substantial present or potential hazard to human health or living organisms. heavy industrial: a type of land use including manufacturing processes using raw materials, extractive land uses, and any industrial uses which typically are incompatible with adjacent uses due to noise, odor, toxic chemicals, or other activities which could pose a hazard to public health and safety. heritage trees: distinctive individual trees determined to be of historic, cultural or visual significance within a community. high-occupancy vehicle (HOY>: generally, a vehicle carrying more than one person, including' a carpool, vanpool or bus. housing unit: any dwelling unit, housekeeping unit, guest room, dormitory, or single occupancy unit. industrial: a type of l~d use characterized by production, manufacturing, distribution or fabrication activities. industrial area: . a contiguous group of independent industrial sites with little or no common use of faciJities, or a combination of industrial sites and industrial c~ters. An industrial area is typically larger than an individual site or an individual industrial center. . . industrial center: a group of contiguous industrial sites which have been designed and/or developed in a unified fashion with attention to common use of circuiation, utilities, parking, recreation, and commercial facilities. industrial site: a single parcel of land used or designated for industrial activities. infrastructure: the underlying foundation, or basic framework of a city. This term is often used to refer to utilities, roads, bridges, parks, and other public facilities. intensive office: mid to high-rise office development including structured parking typically located in areas with regional transportation access. intermittent stream courses: streams which do not flow all year, and respond to seasonal fluctuation in the rainfall cycle. impact fees: a fee imposed on developers to pay for the community's costs of providing services to a new development. Such charges are an extension of efforts to make new development pay for their impact on the community. Impact fees may also involve some effort to make new development pay for their impact on the community. Impact fees may also involve some effort to predict the total cost of the IX-5 community for servicing the new development and relate it to the revenues that will be produced by the development once it is completed. impervious surfacbig: a surface that cannot be easily penetrated. For instance, rain does not readily penetrate asphalt or concrete pavement. in fill development: -development consisting of either (1) construction on one or more lots in an area which i~ -mostly developed, or (2) new construction between two existing structures. infill housing: construction of new dwelling units on vacant or underutilized parcels in built-up areas. Because utilities, transit, and other infrastructure are already in place, the costs and impacts of new units are generally lower; infrastructure: the system of essential services, utilities, public and community facilities, e.g. water, sewerage, power, roads, schools, health 'facilities etc., which are necessary to enable urban development to function. -- institution: a structure (or structures) and related grounds used by organizations providing educational, medical, social and recreational services to the community such as hospitals; vocational or fme arts schools; child care centers, whether operated for nonprofit or profit-making purposes; and nonprofit organizations such as colleges arid universities, elementary and secondary schools, community centers and clubs, private clubs, religious facilities, museums, and institutes for advanced study. jobs/housingbalance: a term representing the relationship between jobs and housing within a specified area. It can influence housing costs, pedestrian-oriented environment, and transportation demand. land use: a term us.ed to indicate the utilization of any piece of land. The way in which land is being used is the land use. land use code: regulating body of language that implements the city's policy goals. The regulations define locations and buiiding characteristics of development in the City. land use zoning: traditionally, -a technical or physical approach to the segregation of incompatible land uses,. such as housing ·and, industrial, through systems of land use and development controls. More recently, thetechniq~es have emphasized reinforcing position relationships between compatible land uses such as residential and neighborhood commercial. The contemporary approach also emphasizes the -, close relationship between transportation and land use to more effectively respond to accessibility, reduction of infrastructure costs, urban design, air, noise, and water pollution, energy conservation, and . conservation of resource lands. large scale multi-family: a residential building, -or group of buildings which contain more than four dwelling units in each building. -- .' .'. ", . level-of-service (LOS): a qualitative rating of how well some unit of transportation supply (e.g., street, intersection; sidewalk, bikeway, transit route, ferry) serves its current or projected demand. light industrial: a type of land use including small scale or less intensive production, manufacturing, distribution or fabricating activities. -Some office activities and supporting convenience retail activities may also be included.' IX-6 Adopted 07127/98/BAS Review Julv 2004 GLOSSARY e linear parks: parks which are long and narrow, and follow a natural or man-made corridor such as a road or stream course. manufactured housing: a broad term including mobile homes, modular homes, and other "factory built" housing. The main distinction is that manufactured housing is created in one or more parts away from the site, and then transported to it. "Gold Seal" modular homes are constructed to the specifications of the Uniform Building Code, and are placed on a permanent foundation, similar to a "stick-built" home. A "Red Seal" mobile home is built to the less rigorous standards of the 1974 HUD code. manufacturing: types of land uses in which materials or substances are transformed into new products including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors. Metro: the Municipality of Metropolitan Seattle (Metro) is a county-wide public transit system which provides regularly scheduled transit service (both express and local service), park and ride lots, park and pool lots, vanpools, ride-sharing, and customized service to meet people with special needs. Metro is also a regional sewage treatment agency charged with the collection, treatment, and disposal of sewage from the City of Renton and much of King County. minimum density: rather than the heretofore common approach of restricting density, this zoning method provides incentives for higher residential concentrations, which in turn support transit and pedestrian-orier:tted !'1hopping areas. mixed use: the presence ,of more than one category of ~se in a structure, for example, a f!llxture of residential units and offices in the same building. . mode: types of transportation available for use, such as a bicycle, an automobile, or a bus. mode-split: the proportion of total persons using a particular mode of travel. In this document, mode- split generally refers to the percentage of people using public transportation as opposed to other motorized modes. multi-family use: a structure or portion of a structure containing two or more dwelling units. multi-modal: referring to accessibility by a variety of travel modes, typically pedestrian, bicycle, transit, and automobile modes, but may also include water and air transport modes. master plan: a specific land use plan focused on a particular site which identifies site access and general improvements and is intended to guide growth and development on the site over a number of years. lX-7 I net densitv: a calculation of the humber of housing units that would be allowed on a property after sensitive areas and public streets are subtracted from the gross area (Gross acres minus streets and sensitive areas multiplied by allowable housing units per acre). This calculation applies to residential uses only. neighborhood: a small, predominantly residential area of the city in which the residents share a common identity focuses around an elementary school, park, community business center or similar feature. neo-traditional neighborhood development: a form of town development based on a modified grid system with small blocks around a central square or plaza. Development includes residential and small scale commercial uses. nodal development: refers to development concentrated around a focal point such as a transit station, . coinmercial center, neighborhood center, o~ public place. Typically higher in density and oriented to pedestrian and transit access. non-structural methods in planning for flood control: achieving flood control by methods not involving building structures e.g. restricting land uses in flood prone areas; diminishing run-off which leads to flooding by requiring hillside vegetation retention. on-street·parking: parking spaces in the rights-of-way. open. space: any area of land, or water which provides physical or visual relief from the develoPed environment. Open space may be essentially unimproved and set aside, designated or reserved for public use or enjoyment, or for the private use and enjoyment of adjacent property owners. Open space .may also consist of undeveloped or developed areas including urban plazas, parks, pedestrian corridors, landscaping, pastures, woodlands, greenbelts, wetlands, and other natural areas or street rights-of-way which provide visuai relief within developed areas. The term does not include driveway, parking lots, or " other surfaces designed for vehicular travel. " park and ride lot: a parking lot where transit riders can leave their cars and ride a bus' or train· to another location. . . peak hour: one-hoUr interval within the peak period when travel demand is usually highest, e.g., 7:30- 8:30 a.m. and4:30-5:30 p.m. pedestrian-orientation: an area where the location and access to buildings, types of uses permitted on the street level, and storefront design are based on the needs of the cilstomers on foot. . pedestrian facility: an improvement designed to facilitate accessibility by foot or wheelchair, including " sidewalks,. curb ramps, crosswalks, overpasses and undercrossmgs, etc. " performance-based zoning and building codes: as opposed to traditional prescriptive techniques, this system measures individual projects against clearly stated criteria, such as traffic impacts, neighborhood compatibility, infrastructure capacity, etc. Its main advantage is its flexibility, and that developers are given a wider range of methods by which" to meet housing demand. planned unit" developments (PUDs): a: planning technique which provides increased flexibility for the developer in exchange for a higher quality of development. Usually used for larger, multi-unit parcels; PUDs are characterized by a focus on overall project design rather than lot-by-lot zoning, setbacks, and placement. Mixed-use,innovative housing types, open space and recreational facilities are often included. The process typically involves two-way communication between the developer and the community concerning design compatibility. IX-8 Adopted 07/27/98/8:\S Review Julv 2004 GLOSSARY e platting: essentially a map of a piece of land which shows the location, boundaries, area, detail of lot boundaries, proposed streets, utilities, public areas, and all other necessary data to demonstrate compliance with subdivision regulations; state statutes provide for the recording of plats, and the selling of lots or parcels of land by referring to the recorded plat. It is usually unlawful to sell land by referring to an unrecorded plat. point source pollution: a contaminant that adversely alters the physical, chemical,. or biological properties of the environment. Pollutants can include solid waste, sewage, garbage, sewage sludge, and municipal waste discharged into water. . Potential Annexation Area (PAA): An area within which people have an opportunity to annex to the City of Renton. A P AA can not include any land outside of the Urban Growth Area .and may be smaller than the Urban Growth Area. prime agricultural land: lands with extremely fertile soil classifications as established by the U.s. Department of Agriculture Soil Conservation Service. . public facilities: streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreational facilities, schools ·and public buildings. recycling: recycling involves separating a given waste material from the waste stream and processing it so that it may be used again as a raw material for products which mayor may not be similar to the original. re!!ional commercial: a mix ofland uses offering a broad arrayofretail goods and seT\rices, Offices, and cultural activities which serve an entire city or beyond. {;-.. religious centers: a broadly defined sub category of public facilities including churches, synagogues, temples, mosques, shrines, holy sites, and related uses and facilities. residential use: . any land use that provides for living space. Examples include artist studio/dwelling, boarding house, caretaker's quarters, single family, multi-family, special residence, floating homes, and mobile home park. rezoning: . rezoning is a change in the designation or boundaries of the zoning ordinance. Rezoning is a legislative act and can be legal only if enacted by the governing body. Rezoning can take two forms: (1) a comprehensive revision or modification of the zoning text and map: and (2) a change in the map, such as the zoning designation of a particular parcel or parcels. . rights-of-way: the rights-of-way is the right to pass· over the property of another. It refers to a strip of land legally established for the use of pedestrians, vehicles or utilities. runoff: that portion of precipitation which flows over land surface and enters the sewerage system during and immediate following a storm. rural area: a sparsely developed area, with a population density of less than 100 persons per acre, where the land is undeveloped or primarily used for agricultural, forestry, resource extraction, very low density residential uses, or open space purposes. sanitary sewers: those sewers which carry waterborne wastes from household, industrial and commercial users from the point of origin to the treatment plants for treatment and disposal. IX-9 I I Adopted 07/27/98/8.4S Revil'u,,, 2004 GLOSSARY. . . . . semi-agricultural uses: a: type of land use that integrates small scale farming and other limited 'rural activities with suburban residential uses.' . SEPA: See State EnVironmental Policy Act. single family unit: [REPEALED] single-occupant vehicle (SOY>: a vehicle carrying only one person. small scale multi-family:. a residential building, or group of buildings which contain two to four dwelling units in each building. IX-IO sole source aquifer: an aquifer which provides the significant source of water for,the City. solid waste: a general term for discarded materials destined for disposal, but not discharged to a sewer or to the atmosphere. special benefit districts: subareas of a community designated by city ordinance to assess payments for construction or installation of public facilities which primarily benefit the property owners within the district. special needs housing: this category refers to housing that is provided for low income or indigent persons and where applicable their dependents who, by virtue of disability or other personal factors, face serious impediments to independent living and who require special assistance and services in order to sustain appropriate housing on a permanent, long-term or transitional basis. sphere of influence: a designated area beyond the existing City bouri~es in which the City of Renton has an inherent interest in future land use decisions or actions. State Environmental Policy Act (SEPAl: the state law passed in 1971 requiring State and local agencies to consider environmental impacts in the decision-making process. A determination of environmental significance must be made for all non-exempt projects or actions which require a permit, license or decision from a government agency. If the action does not have significant adverse environmental impacts, a Determination of Non-Significance (DNS) is issued. If the action or project could have substantial impacts, a Determination of Significance is. issued and an Environmental ~pact Statement (EIS) is required. '.. strip commercial: an area occupied by businesses that are engaged in commercial activity and are composed, or arranged in a line, usually along an arterial street. structural element: a part of a building which can' function as a separator, either visual or physical signaled by a transition in land use, and defines the edge of an urbanized area. structured parking: parking areas within a building or structure. with one or more stories. substandard lots: substandard lots are lots which do not contain the minimum lot area required for the zone in which it is located. surface parking: open lots or grounds with at-grade parki~g f~cilities. system of trails and undeveloped areas: a group of trails and undeveloped lands which, when connected together create a sum larger than its parts and for a system of open spaces or trails, or a part of such a system. townhouse: a form of ground-related housing where individual dwelling units are attached along at least one cOmInon wall to at least one other dwelling unit. Each dwelling unit occupies space from the ground to the roof. IX·)) Adopted 07/27/98/BAS ReVi_U!V 2004 GLOSSARY transfer of development rights (TDRs): a program in which the unused portion of a "sending" property's zoned capacity--one of the separable rights of property--is sold to the developer of a "receiving" site, who is allowed to add the capacity to the zoned limit of that site. TDRs can be used to prevent the demolition of affordable housing units, especially in downtowns, or to protect historically significant property or open space. transit: public transportation; referring in this document to public bus, trolley, light rail, heavy rail, and commuter rail transport, but not ferries or vanpools. transportation demand management (TDM): refers to developing policies plus public and private programs to manage the demand placed on transportation supply. TDM measures are frequently directed toward increasing the use of transit and carpools. ' transportation systems management (TSM): accommodating transportation demand by using the existing supply more efficiently and by emphasizing lower cost improvements that can be implemented quickly. For example, converting a general purpose traffic lane into a transitway might increase the person-cariying capacity of a highway more easily and quickly than widening the 'highway for additional traffic lanes. undeveloped rights-of-way: any undeveloped portion of a strip of land legally established for the use of pedestrians, vehicles, or utilities. upzoning: a change in the zoning classification of land to classification allowing more intensive development, ,such as a change from single family to multi-family. ' , urban centers: defmed as part of the coUntywide Planning Council Policies and by City Council Resolution, Urban Centers are areas' with existing high employment concentration and excellent ' accessibility. These' areas promote non:-SOY mobility, reduce sprawl, and maximize benefits of existiilg • . . .' . ' public investment. . urban growth areas: areas designated by a c~unty for d~velopment over the next twenty years as required by the Growth Management Act. Urban growth patterns should not occur outside these areas. Vision 2020: ' Puget Sound Regional Council's (PSRC's) 1990 adopted regional comprehensive vision which describes linking Iiigh-density residential and employment centers' throughout the region by high capacity transit, and promoting a multi-modal transportation system. IX-12 Adopted 07/27/98/BAS Review Julv 2004 GLOSSARY . e watershed: the geographic region within which water drains into a particular river, stream, or body of water. A watershed includes hills, lowlands, and the body of water into which the land drains. wetlands: areas characterized by the presence of surface or groundwater at a frequency or duration to support vegetation adapted for life in saturated soil conditions. wildlife habitat: an area characterized by wildlife that forage, nest, spawn, or migrate through in search of food, or shelter. zero lot line development: a siting technique which allows single family houses to be built along one lot line~ This helps to preserve private and usable yard space, especially in small-lot areas. Variations include angled "Z-Iots," "alternate-width lots," and "zipper-lots". zipper lot: the location of a building on a lot in such a manner that one or more of the building'S sides . rest directly on a lot line. IX-13 I Adopted 07/271981BAS ReVi_UIV 2004 GLOSSARY zoned development capacity: the number of units within an area that can be btiiltunder the existing· zomng. zoning map: the official map which classifies all land within the city with one of the zoning categories. IX-14 Adopted 07/27198/8;\S Review Julv 2004 GLOSSARY ~ UTILITIES GLOSSARY IX-IS I .. . , DEVELOPMENT PLANNING CITY OF RENTON .JUL 0 8 2OO't RECEIVED m Jones & Stokes Memorandum ___________________ _ Date: March 8, 2004 To: Gil Cerise, Senior Planner, City of Renton Andy Kindig, AC Kindig & Company; Carl Hadley, Cedarock From: Lisa Grueter, Senior Planner; Melissa Chaun, Environmental Specialist Subject: Proposed Renton Shoreline Master Program Use Environment Amendments INTRODUCTION Shorelines of the State are required to be classified into "use environments" based upon current development patterns, biophysical capabilities, and other factors. Policies, standards, and regulations can be customized by use environment, shoreline, and use depending on needs, and functions similar to a zoning overlay district. Generally, regulated shorelines include the water bodies and their shorelands extending landward from the floodway or ordinary high water mark for two hundred (200) feet in all directions (whichever is greater). This jurisdictional area increases to include all marshes, bogs, swamps, and river deltas, associated with the regulated Shorelines of the State. The total ofthis area is subject to shoreline use classification and regulation. Our work program includes amendments to the Renton Shoreline Master Program (SMP) Shoreline Use Environments to address some inconsistencies and omissions: • Black River: The City's adopted Shoreline Use Environment Map classifies both banks of the River as Natural, but the SMP text states the Environment only applies to the north bank. By default according to the text the south bank is Urban. Based on interpretations from the City Attorney, City Staff has been assuming that the map controls to resolve the conflict in the interim. • Cedar River: The City's annexations of the Maplewood Golf Course property/area in 1985 and 1988 were not reflected in the City's adopted SMP. When an annexation occurs, the SMP provisions ofthe adopted plan for that area (i.e. ofthe prior governing agency -King County) would apply until amendments are made and approved by the City/State SMP ofthe City that annexed the area. (WAC 173-26-160) • Aquatic portion ofthe lakes/streams: It is unclear in the text ofthe SMP regarding what Use Environment applies to the aquatic portion of the regulated waterbody. To assist 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • tel. 425 822.1077 • fax 425 822.1079 www.jonesandstokes.com with City decision-making, it should be clarified if shoreline environment classifications extend to the aquatic portion ofthe lakes/streams. Recommendations for these topics can be found following the inventory and analysis sections of this memo. DOE DocumentationlSMP Amendment As part of the State regulated SMP amendment process, it will be necessary to provide documentation to the State Department of Ecology (DOE) to support recommendations for Use Environment classification amendments, including an inventory, analysis, and recommendations. This memo provides for these three steps. A summary of the documentation requirements is provided below based on the "Department of Ecology -Overview of SMP Update and approval process," undated (http://www.ecy.wa.gov/programs/sea/SMNst guide/SMP/index.html, March 8,2004): • Inventory: State DOE shoreline guidelines require that at a minimum, and to the extent such information is relevant and reasonably available, local governments collectthe following information: Shoreline and adjacent land use patterns and transportation and utility facilities, including the extent of existing structures, impervious surfaces, vegetation and shoreline modifications in shoreline jurisdiction. Critical areas, including wetlands, aquifer recharge areas, fish and wildlife conservation areas, geologically hazardous areas, frequently flooded areas, and shorelines of statewide significance. Degraded areas and sites with potential for ecological restoration. Areas of special interest, such as priority habitats, rapidly developing waterfronts, previously identified toxic or hazardous material clean-up sites, or eroding shorelines. Existing and potential shoreline public access sites, including public rights-of-way and utility corridors. The inventory will include descriptions of recorded public access easements, their prescribed use, maintenance and terms. General location of channel migration zones and floodplains. Hi~t9rical a~rial photographs documenting past conditions to assist in preparing an analy~is of cumulative impacts of development. Arcliaeological or historic resources in shoreline jurisdiction -Conditions .and regulations in shoreland and adjacent areas that affect shorelines, such as surface water management and land use regulations. Renton SMP Use Environment Amendments March 8,2004 Page 2 .. . . • Analysis: A shoreline analysis report should evaluate the inventory information and data collected with a focus on identifying opportunities for: Protecting and restoring ecological functions through land use regulation and nonregulatory means, Improving public access to shorelines; and Promoting appropriate water-oriented uses. The analysis will serve as the basis for updating environment designations and will help determine SMP policy and regulatory requirements. • Determine Shoreline Environment Designations: Based on the analysis, determine environment designations for shoreline segments and develop policies and regulations that will apply to all uses allowed with the environment. Include maps showing both .existing and proposed designations, together with corresponding boundaries described in text for each change of environment. Additionally, Growth Management Act and Shoreline Management Act laws and rules require agency contact and public participation. The proposed amendments in SMP shoreline policies (under separate cover), the SMP map amendments described in this memo, and SMP regulatory amendments will be the subject of agency and public input described more fully in the memo: "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration," March 8, 2003, under separate cover. INVENTORY: BLACK RIVER AND CEDAR RIVER The SMP Map amendment analysis in this memo is still current as of July 2004. The referenced memo addressing public and agency input has been updated to July 13, 2004. City plans, inventories, and studies, as well as the State Priority Habitat and Species Program documentation, and King County GIS maps were reviewed. Additionally, Melissa Chaun, a Jones & Stokes wetlands ecologist, made a brief reconnaissance of the Black River and Cedar River on March 24, 2003 to review local conditions on the Black River and Cedar River. Appendix A summarizes in matrix form the built and natural environment characteristics of the Black River, and the Cedar River along the Maplewood Golf Course and Ron Regis Park. Black River The large majority of the Black River shorelands on the north are undeveloped, contain a large, forested wetland supporting a variety of wildlife including a State species ()f concern (great blue heron), include a public flood control pump station, and are municipally owned .. A small segment of the northern shoreline jurisdiction west of Monster Road SW applies to an industrial site, containing a maintenance building (according to County records, owner is Anmarco, use is Puget Sound Tractor Parts). The Black River shorelands on the south bank, north of Monster Road are undeveloped, contain a public trail, and are municipally owned. South of Monster Road, the 200-foot shoreline jurisdiction area applies to some industrial sites including privately owned warehouses/industrial buildings, and Union Pacific Railroad property. The attached full page aerial may be consulted along with the text description above. Renton SMP Use Environment Amendments March 8, 2004 Page 3 Black River: Panoramic of Great Blue Heron Rookery; March 24, 2003 Cedar River.-Maplewood Golf Course and Ron Regis Park The Maplewood Golf Course and Ron Regis Park properties were annexed by the City in 1985 and 1988. The City's annexations of the Maplewood Golf Course property/area in 1985 and 1988 were not reflected in the City's adopted SMP. The properties lie largely along the south bank of the Cedar River, but a portion (near golf course hole 12) occurs along the north bank. US Army Corps fish enhancement projects were completed in 1999, including constructing a groundwater fed spawning channel for sockeye salmon in,the floodplain on the south bank of the Cedar River at River Mile (RM) 4.6, and reconstructing a rock vestment protecting the Maplewood Golf Course on the north bank at RM 4.2 to provide habitat benefits for rearing salmon juveniles. As a r~sult of the Corps over-dredging along the lower 1.25 miles of the Cedar, additional mitigation was planned for the existing Elliot levee (USACE April 2000). A landslide caused by the February 28,2001 earthquake resulted in the migration of the Cedar River to the former US Arniy Corps of Engineer's 205 Groundwater Channel. City inventories show a more extensive wetland area than National Wetland Inventory maps or King County inventories (see attached full page aerial). The floodway and floodplain comprise a significant area of the existing Golf Course and Ron Regis Park property. The northern bank area that lies outside the City limits contains mapped erosion and landslide hazards. PailQramic of Cedar River from end of restoration area, looking towards southern bank, March 24,2003 Renton SMP Use Environment Amendments March 8, 2004 Page 4 PROGRAM REVIEW/ANALYSIS Use Environments The adopted Renton SMP contains three possible Use Environments: Natural, Conservancy, and Urban. Shoreline use environments are applied based on the shoreline characteristics and the extent to which mapping criteria and objectives are met. Table A includes the environment descriptions and criteria from the current adopted Renton SMP. Depending on which Environments are applied, the allowable uses in an area can vary (see Appendix B). Table A. Renton Shoreline Master Program Use Environments, 1998 Natural Environment Conservancy Environment Urban Environment Objective: The objective in Objective: The objective in Objective: The objective of the designating a Natural environment is designating a Conservancy Urban environment is to ensure to protect and preserVe unique and environment is to protect, conserve, optimum utilization of shorelines fragile shoreline or wetland and manage existing areas with within urbanized areas by providing environments in their natural state. irreplaceable natural or aesthetic for public use, especially access to The Natural environment is intended features in essentially their native and along the water's edge and by to provide areas of wildlife state, while providing for limited use managing development so that it sanctuary and habitat preservation. of the area. The Conservancy enhances and maintains shorelines environment is intended to provide a for a multiplicity of viable and Areas to be Desi~ted as a Natural pleasant break in the surrounding necessary urban uses. Environment: urban community. This environment shall seek to satisfy a Jurisdiction: All shorelines of the 1. Areas that are unique or fragile. portion of the present and future State regulated by the City which are [1] needs of Renton. not designated as Conservancy or 2. Floodways areas. Natural are designated as Urban. Areas to be Desi~ted as a Jurisdiction: That portion of the Conservancy Environment: north bank of the Black River lying west of its confluence with 1. Areas of high scenic value. Springbrook Creek, shall be 2. Valuable areas for wildlife designated Natural. habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot provide adequate utilities for intense development. 6. Areas with unique or fragile features. [1] Jurisdiction: That portion of May Creek east ofFAI-405 right-of-way and that portion of the south bank of the Cedar River, 2,500 feet east of F AI-405 right-of-way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City- owned wetlands in this area, and for Renton SMP Use Environment Amendments March 8, 2004 Page 5 Natural Environment Conservancy Environment Urban Environment that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank shall be designated conservancy. Source: Renton Shoreline Master Program (SMP), 1998 Note: [1] In the context of the Renton SMP, the phrase "unique and fragile" refers to: "those portions of the shoreline which (1) contain or substantially contribute to the maintenance of endangered or valuable forms of life and (2) have unstable or potentially hazardous topographic, geologic or hydrologic features (such as steep slopes, marshes)." Black River In terms of the Use Environment criteria, the north bank of the Black River east of Monster Road continues to meet the Natural Environment classification, with the floodplain extent and unique and fragile conditions -forested wetland habitat for mUltiple species including great blue heron. The primary goals in the area would continue to be habitat protection and flood control (pump station and associated flood control activities). For purposes of maintaining or enhancing habitat over time, the use allowances of the Natural Environment could be broadened to address fish or wildlife enhancement activities beyond what is mentioned in the SMP permit exemption list. Also, it may be appropriate to allow for limited public access in the Natural environment when compatible with unique and fragile conditions and consistent with City parks and trails plans. Finally, consistent with the intent of the Natural Environment, it would be appropriate to ensure that the regulations sufficiently allow for the existing pump station and other flood control activities to continue as they have been over time. The south bank ofthe Black River that lies north/east of Monster Road is largely within the 100- year floodplain, has scenic value, and provides for public access and open space in an otherwise urban corporate park and industrial area. This would meet the Conservancy Environment criteria. West of Monster Road, the character of the north and south banks is urban where there is existing industrial development, and options would be to either consistently apply Natural on the north and Conservancy on the south as with the remainder of the watercourse, or apply Urban where there is existing industrial development and zoning. • On the north bank, west of Monster Road, considerations would be that there is existing industrial activities and zoning allowing for various operations. On the other hand, the current Natural shoreline environment would mean that the use is essentially nonconforming, and if keeping this approach, the SMP Natural environment would continue and the net effect is no different for this property. • On the south bank, south and west of Monster Road, there are some existing industrial developments with industrial zoning, although most ofthe larger structures are outside of the shoreline jurisdiction. For a smaller triangular property owned by Union Pacific, the jurisdiction does extend quite a bit over the property. If allowing the property to be used industrially as zoned, the classification on the south bank could change to Urban west of Renton SMP Use Environment Amendments March 8, 2004 Page 6 Monster Road. Another option is to amend the Conservancy environment to allow for current railroad operations, or current industrial support uses (e.g. parking and access area for current development which lies in the jurisdiction). Considering existing zoning and existing uses, a Shoreline Use Environment of Urban is recommended to be applied to the Black River west of Monster Road. Cedar River Similar to the King County approach, the criteria for the Conservancy Environment are largely met due to the extensive floodplain area, channel migration area, unique and fragile environments beyond the more manicured recreation areas, and scenic qualities. One practical issue is that the King County Conservancy Environment allows for active recreation uses whereas the Renton SMP Conservancy provisions limit recreation to passive activities (see Appendix B). Some of the existing golf course areas lie within the outer limits of the 200-foot shoreline jurisdictional area. This can be addressed through amendments to the Renton SMP regulations. Summary of Black River and Cedar River Classification Recommendations Table B summarizes the recommended use environments for the Black River and Cedar River along Maplewood Golf Course and Ron Regis Park described above. Table B. Summary of Use Environment Classification Recommendations Location Current Class Proposed Class Black River -North Natural (map and text) Natural, east of Monster Bank Road; • allow for habitat enhancement; flood control, and potentially limited public access. West of Monster Road, Urban Black River -South Natural (map) Conservancy, east of Bank Urban (text) Monster Road West of Monster Road, Urban Cedar River along Golf Not classed in Renton Conservancy Course and Ron Regis SMP. King County Park -North Bank a~lies Conservancy. Cedar River along Golf Not classed in Renton Conservancy· amend Course and Ron Regis SMP. King County use allowances for Park -South Bank applies Conservancy. active recreation Source: Jones & Stokes Renton SMP Use Environment Amendments March 8, 2004 Page 7 I l Aquatic Classifications As part of a DOE case study review of Renton's SMP in 1997 (a review against a much earlier draft of State SMP Guidelines than the ones adopted in December 2003), DOE recommended that the Renton SMP be clarified as to whether the environment designations apply waterward from the shoreline, which then impacts what uses and activities are permitted in the water. One interpretation, which appears to have been in practice through permit reviews, is that the Use Environments are applied to "shorelines" which by definition in the Renton SMP includes the water body and its shorelands; therefore, the use environment extends into the water and governs aquatic activities. With this interpretation, the first option is to clarify this intent in the SMP text. A second approach is to review the environment classifications criteria for guidance. The Natural Environment criteria indicate that the Natural Environment can be applied to floodways. This could restrict several activities, for example, potential planned road crossings, or other activities. A third option is to adapt the proposed "aquatic" environment classification in the DOE SMP guidelines, which generally has reasonable management policies from which to begin. See Appendix C. Thiswould likely require a more broad work program that would involve notifications to the public and property owners along the affected water bodies, which the City would have to do again when the SMP is updated more fully later with Final State SMP Guidelines. The first option is recommended -amend the SMP text to indicate that use environments are applied to shorelines -extending to both the shorelands as well as the centerline of the watercourse or City limits as appropriate (e.g. Lake Washington). The SMP regulations currently limit most in-water activities and the ability to obtain environmental permits is fairly restricted. When the SMP is fully updated in accordance with the recently adopted DOE SMP guidelines, there may be a different classification scheme. Other Consistency Issues The Renton SMP includes a map with stylized representations of the Use Environments (see Appendix B of this memo). It is recommended that even in a stylized manner, the map be updated in order for roads and features to be identifiable. More importantly, there should be a reference on the map or an update of the Springbrook Creek segments on the overview map to account for the more varied use environments shown in Springbrook Creek Appendix Map. Figure 5-1 does not capture all of the Conservancy Environment locations along Springbrook Creek in comparison to the SMP Appendix A. Current adopted SMP maps are attached. A map showing the proposed amendments recommended is also attached. Renton SMP Use Environment Amendments March 8, 2004 Page 8 REFERENCES City of Renton, Development Services Division. 1998. Shoreline Master Program. Adopted by Ordinance No. 3758. City of Renton, Surface Water Utility. 2000. SEPA Checklist -Elliot rearing/spawning channel mitigation project. May 10. King County Metro iMap resources. 2003. Available at: http://www.metrokc.gov/gis/mapportalliMAPmain.htm. Accessed: March 21, 2003. Rainier Audubon Society. Available at: http://www.rainieraudubon.orglrain-friends.htm. Accessed: March 26, 2003. R.W. Beck and Associates and Herrera Environmental Consultants in association with Jones & Stokes Associates. 1993. Black River Basin Water Quality Management Plan. Volume 3: Appendices B-L. Funded in part by Washington Department of Ecology Centennial Clean Water Fund. United States Army Corps of Engineers, Seattle District. 2000. Environmental assessment: Elliot rearing/spawning channel, mitigation for overdredging associated with the Cedar River 205 Flood Control Project, King County, Washington. April. Washington State Department of Ecology. Overview of Shoreline Master Program update and approval process. Washington State Department of Ecology. Cedar-Sammamish Basin -WRIA #8 summary Available at: http://www.ecy.wa.gov/programs/wq/wria summaries/wria8.pdf. Accessed: March 26,2003. Washington State Department ofFish and Wildlife. 2003. Priority Habitat and Species List. Habitat Program, Washington Department of Fish and Wildlife. Washington State Office of Archaeology and Historic Preservation. 2003. Maps on File, USGS 7.5 minute Quadrangles: Renton, Mercer Island, South Seattle, Des Moines. Olympia, Washington. Renton SMP Use Environment Amendments March 8, 2004 Page 9 Inven Existing Land Use Ownership Publicly Owned Open Space Pump Station West of Monster Road, Black River Quarry City of Renton APPENDIX A Black River Riparian and Wetland Trail PUblicly Owned Open Space South and west of Monster Road, warehouse, office, indystrial, Union Pacific Railroad. City of Renton Private Ownership (south and west of Monster Road) Employment Area -Valley City of Renton Zoning Map (October 2002) Resource Conservation (RC) Industrial -Medium (IM) (west of Monster Road) Renton SMP Use Environment Amendments Resource Conservation (RC-P; RC) Commercial Office (CO) Industrial -Medium (IM) of Monster Road March 8, 2004 Open Space Primarily Unincorporated King County on north Open Space Recreation: Golf Course, Ron Regis Park with private I City of Renton (in City limits) ownerships. City of Renton (in limits . City limits portion: Resource Conservation (RCP) Page 10 Residential Rural City limits portion: Resource Conservation (RCP) e e ATTRIBUTES Shoreline Management '1pc:innntion Archaeological/Historical Sites Public Access (existing/potential) Northern Bank Southern Bank Natural (RSMP Map) Urban Natural (RSMP) Black River in historic channel and floodplain. A review of State Office of Archaeological and Historic Preservation maps on file showed four potential resources in the vicinity of the Black River Shoreline: • Archaeological -45KI 438, Native American Village west of City limits. • Archaeological-45KI 59, east of River, potential hunter/gatherer location. • Archaeological -45KI 267, south of River and nearby roads, potential hunter/gatherer location. • Historic Feature, old railroad bed along slope above north side of River. Potential -physical Existing: Black River access may be Riparian Forest and unlikely due to Wetland Trail unique/fragile EXisting/Potential: no boat habitat area. access Fish and Wildlife -Habitat I Urban Natural Open Space, Wetlands, Riparian (PHS) -Species I City Wetland #5 -20 acres; palustrine forested, scrub-shrub wetland within the historic Black River channel. of Renton Black River Basin Renton SMP Use Environment Amendments March 8, 2004 Northern Bank Conservancy (King A review of State Office of Archaeological and Historic Preservation maps on fi Ie showed no recorded locations. Potential -unlikely (steep slopes) Southern Bank Conservancy (King County) A review of State Office of Archaeological and Historic Preservation maps on file showed no recorded locations. For Elliot Rearing/Spawning channel a record search and field reconnaissance by US Army Corps of the State Office of Archaeology and Historic Preservation indicated no recorded or previously unrecorded sites in that project area. Existing -Gravel road/trai I (threatened by channel migration) Renton Aquifer Zone I -Modified Renton Aauifer Zone II Wetlands, Riparian (more extensive than King County records; see City map, and attached field reconnaissance discussion.) PHS: fall chinook. coho winter steel head Page 11 e e Black River (-2500 ft) Cedar River (-1. 3 mil ATTRIBUTES Northern Bank Southern Bank Northern Bank Southern Bank Water Quality Management Plan, May 1993) resident cutthroat, Kokanee salmon, rainbow trout, Mountain whitefish, sculpin. Salmonid species PHS Records: distribution consistent in City of Renton Fish Habitat Coho, resident cutthroat, sculpin Report. Great blue heron rookery (1996> 37 nests; > 17 juveniles per PHS database; > 50 nests per March e 24,2003 site reconnaissance). Bufflehead, mallard, scaup, wigeon, green-winged teal, gadwall, bald eagle feeding area City of Renton Fish Habitat Report (Golder Associates 2001): Chinook, steelhead, coho. ' Water Typing (Stream Classification by King Class 1 Class 1 County) Floodplains (estimates) (estimates) (estimates) (estimates) 100-year RM 0.00 to 0.641 RMO.00-0.147; 0.309-RM 4.30 to 4.40 RM 4.50 to 5.22 500-year RM 0.00 to 0.641 0.641 (same) RM 4.40 to 4.53 RM 4.30 to 5.22 Floodway RM 0.14 to 0.21 RM 0.00 to 0.641 RM 4.30 to 5.22 RM 4.30 to 5.22 Channel Migration N/A N/A CMZ under study by CMZ under study by King County --Hazard Area N/A King County (Under Review) Bank full width limits (Under Review) (Under Review) (Under Review) Floodwater Control Pump station RM 0.226 (estimate) N/A Wetlands RM 0.00 to 0.641 Limited due to trail RM 4.55-4.65: Extensive (NWI, King County and City inventory, terrace RM 4.65 (NWI) City Maps, + Wetland 5, 20 acres, (RM 4.94 to 5.13) reconnaissance visit) Class 1 Erosion Hazard Areas None None Yes None Landslide Hazard Area north and west (King None Yes L--None ----- Renton SMP Use Environment Amendments March 8, 2004 Page 12 e e ATTRIBUTES Potential Restoration Areas Information to Evaluate Cumulative Impacts • EXisting shoreline ecological functions • Water quality (e.g. 303(d) listing) Black River (-2500 ft) Northern Bank Southern Bank County) Conservation: Pristine. Black River Riparian and Wetland Trail Existing Shoreline Ecological Functions: Black River ecosystem providing for wildlife habitat, flood control, water quality, and erosion protection. (pers. com. Andy Kindig, ACKindig & Co., March 31, 2003) Springbrook Creek is 303(d) listed for cadmium, Cedar River (-1.3 mil Northern Bank Southern Bank Area likely left in Rearing/Spawning Channel RM open space due to 4.35 to 4.45 (existing) steep slopes and Potential: Channel migration landslide hazards. zone? EXisting Shoreline Ecological Functions: Cedar River riparian area likely moderating temperature, providing large woody debris, and allowing for channel migration. Steep slopes on north side may contribute spawning gravels. (pers. com. Andy Kindig, ACKindig & Co., March 31,2003) chromium, copper, zinc, mercury, dissolved I 303(d) parameter -fecal coliform oxygen, sediment bioassay, and temperature, in addition to fecal coliforms. The Black River is not separately listed in the 303(d) 1998 (current active) list or in the draft 2002 list. The City of Renton Black River Basin Water Quality Management Plan (May 1993) indicates "Springbrook Creek and its tributaries are the primary sources of flow to the Black River, comprising over 95 percent of the watershed. Springbrook Creek has poor water quality, heavy metals contamination in sediments, and impoverished benthic invertebrate and fish populations." Abbreviations: RSMP -Renton Shoreline Master Program; PHS -Washington State Priority Habitat and Species program Renton SMP Use Environment Amendments March 8, 2004 Page 13 I FIELD RECONNAISSANCE A Jones & Stokes wetlands ecologist conducted a site reconnaissance along the southern banks of the Black and Cedar Rivers on March 24,2003. Observations were made from the Black River Riparian Forest and Wetland Trail, from Oaksdale Avenue north and west to the pumping station. For the Cedar River, riparian access was limited to the northeastern extent ofthe Maplewood Golf Course, and from Ron Regis Park west to the end of the Elliot Rearing/Spawning Channel (approximately RM 4.35). Black River The northern shore ofthis Black River reach is best known for the successful great blue heron rookery that was established around 1985. At first threatened by predatory bald eagles, the colony now appears to have quadrupled in size, displaying some 50 or more active nests in an extensive stand of mature black cottonwoods. Several species of waterfowl were observed including green-winged teals, widgeons, mallards, and Canada geese. Northern flicker calls were also heard throughout the area and at least four bird boxes were observed on the northern bank. This section of the northern bank is also well vegetated with willow species (Salix spp.) and large patches of cattails, and possesses a fairly high degree of edge habitat (the aquatic shoreljne is highly interspersed with small islands and a network of small peninsulas). To the north,·tije land rises as a moderate slope where some residential development could be identified through the deciduous forested hillside. The southern bank ofthe Black River has been modified to accommodate a grassy trail known as the Black River. Riparian Forest and Wetland Trail. Used by both pedestrians and mountain bikers, the trail meanders with the river at approximately 5 to 7 feet above the water level on the "first" floodplain terrace. There is low to moderate vegetation between the trail and river, represented by willows, red-osier dogwood, common snowberry, osoberry, Nootka rose, red- flowering currant, tall Oregon grape, Himalayan blackberry and reed canarygrass. Beaver activity was very noticeable. Several willows had been harvested to within one foot of the ground and there were distinguishable trails from these stumps leading into the water. Above the trail, on the "second" floodplain terrace, the land appears to have been graded for future development. Woody vegetatjon is sparse although there are several mature willows and pine tre~s on this terrace, located approximately 8 to 10 feet above the trail. Young pine and Douglas-fir appear to have been planted in some areas between the trail and this second terrace. Renton SMP Use Environment Amendments March 8, 2004 Page 14 Cedar River Along the northeastern extent of the Maplewood Golf Course (northern bank), upstream from the SR 167 bridge at approximately RM 4.38, riparian restoration efforts have created three terraces planted with tall Oregon grape and armored with several large (> 20-inch diameter) logs with root wads and the occasional pile of boulders. Numerous plants ofthe highly invasive butterfly bush (Buddlei) are also present along this reach of the northern bank. The corresponding southern bank is heavily vegetated with Himalayan blackberry, black cottonwood, and red alder. From Ron Regis Park at approximately RM 5.22, there is a portion of the gravel road/trail that has survived the February 2001 earthquake/landslide and subsequent channel migration. Large (20 to 40-inch-diameter) black cottonwoods predominate this reach of the Cedar River and comprise the large woody debris now present in the migrated river channel. There are a few mature western redcedars on the southern riparian bank but this species covers less than 5% total cover. Red alder saplings and common snowberry are the principle shrub species. Small patches of Himalayan blackberry are also evident and these become thick and obtrusive as one goes landward towards Ron Regis Park and/or the golf course. Riparian wetlands appear to border both backwater channels along the southern bank ofthis reach, one created naturally; the other, artificially (Elliot Rearing/Spawning Channel). The natural and most eastern channel begins in a ponded wetland located approximately 40 feet from the river and flows westwards via a small channel (3 feet at Ordinary High Water) and then through a 3-foot corrugated metal pipe (culvert). It joins the river some 350 feet to the west. In addition to Himalayan blackberry, there is also red elderberry and osoberry; north ofthe golf course, the dominant riparian species is willow. Butterfly bush, however, covers approximately 20% total cover of this area. The Elliot Rearing/Spawning Channel begins further to the west, with approximately 12 feet of riprap positioned on either side of the gravel road/trail, allowing the waters to overflow the trail as needed. The channel is permanently connected with the river, however, by a culvert near the bottom of the riprap aprons. At its western extent, the channel eventually becomes a series of braided channels where it rejoins the main stem ofthe Cedar. Willow and reed canarygrass are co-dominant in this area. Renton SMP Use Environment Amendments March 8, 2004 Page 15 BLACK RIVER MAPS I Renton SMP Use Environment Amendments March 8, 2004 Page 16 Black River Shoreline Area May, 2003 Legend N Rivers N Land Slides Wetlands N N IV Floodzone Major Roads City Limits Source: City of Renton, King County GIS. A 500 0 500 1000 Feet Scale: 1 inch = 1000 ~ Jones & Stokes e e Black River Shoreline Area May, 2003 Legend N Rivers N Land Slides Wetlands N Aoodzone N Major Roads IV City Limits ~ 2oo-Foot Shoreline Buffer Ie Source: City of Renton, King County GIS. e A 500 0 500 1000 Feet i Scale: 1 inch = 1000' m Jones & Stokes CEDAR RIVER MAPS Renton SMP Use Environment Amendments March 8, 2004 Page 17 I :, Cedar River: King County Shoreline Conservancy Environment (gray cross-hatch; appears to include the lOO-year floodplain); wetlands (green cross-hatch; NWI and County inventory) City wetland inventory shows more extensive wetlands. See Aerial. Renton SMP Use Environment Amendments March 8, 2004 Page 18 ./ Cedar River Shoreline Eastern Renton City Limits May, 2003 Legend N Rivers N Land Slides Wetlands N AoocIzone N Major Roads N City Limits Source: City of Renton, King County GIS. A 750 0 750 1500 Feet Scale: 1 inch = 1500' m Jones & Stokes e - Cedar River Shoreline Eastern Renton City Limits May, 2003 Legend N Rivers N landSlides N N IV tZ1 Wetlands Floodzone Major Roads City Limits ZOO-Foot Shoreline Buffer Source: City of Renton, King County GIS. A 750 0 750 1500 Feet Scale: 1 inch = 1500' m Jones & Stokes e e APPENDIX B-1, SECTION 5 OF COMPLETE RENTON SHORELINE MASTER PROGRAM SECTION 5. ENVIRONMENTS 5.01 THREE ENVIRONMENTS Three environments, Natural, Conservancy, and Urban, shall be deSignated to provide a uniform basis to apply policies and use regulations within distinctively different shoreline areas. The environmental designation to be given any specific area shall be based on the existing development pattern, the biophysical capabilities and limitations of the area being considered for development and the goals and aspirations of local citizenry. Shorelines have been categorized according to the natural characteristics and use regulations have been deSignated herein. 5.02 NATURAL ENVIRONMENT 5.02.01 Designation of the Natural Environment: A. Objective: The objective in designating a Natural environment is to protect and preserve unique and fragile shoreline or wetland environments in their natural state. The Natural environment is intended to provide areas of wildlife sanctuary and habitat preservation. B. Areas to be Designated as a Natural Environment: 1. Areas that are unique or fragile. 2. Floodways areas. C. Acceptable Activities and Uses: The only human activity that is acceptable is for f100dway drainage or storage. All other human activities including recreation are considered inappropriate. 5.02.02 Designation of the Natural Areas: The City of Renton recognizes that preservation of Natural shoreline areas can only be assured through public acquisition. Therefore, where private development is proposed in areas so designated, the City shall require dedication as necessary for flood storage. 5.02.03 Jurisdiction: That portion of the north bank of the Black River lying west of its confluence with Springbrook Creek, shall be deSignated Natural (see figure 5-1). 5.03 CONSERVANCY ENVIRONMENT 5.03.01 Designation of the Conservancy Environment: Renton SMP Use Environment Amendments March 8, 2004 Page 19 I • A. Objective: The objective in designating a Conservancy environment is to protect, conserve, and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state, while providing for limited use of the area. The Conservancy environment is intended to provide a pleasant break in the surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. B. Areas to be Designated as a Conservancy Environment: 1. Areas of high scenic value. 2. Valuable areas for wildlife habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot provide adequate utilities for intense development. 6. Areas with unique or fragile features. C. Acceptable Activities and Uses: Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a Conservancy environment are low density residential, passive agricultural uses such as pasture or range lands, and passive outdoor recreation. 5.03.02 Use Regulations in the Conservancy Environment: A. Commercial Uses: Commercial uses shall be limited to home occupations, which shall be contained wholly within the dwelling unit. B. Fish and Game Reserve and Breeding Operations: Any such activity shall be allowed only by the Land Use Hearing Examiner. C. Industrial Uses: All industrial activities are prohibited in a Conservancy environment. D. Recreation Use: In the Conservancy environment, recreation uses shall be limited to passive recreation. 1. Permitted Uses: (a) Public hiking and bicycle trails. (b) Non-motorized public fishing. (c) Public wading and swimming spots. (d) Public areas for nature study. (e) Public picnic areas. 2. Uses Allowed by Hearing Examiner: (a) Public overnight camping areas. E. Residential Uses: 1. Permitted Uses: Low-density single family residences. 2. Prohibited Uses: Multi-family residences of two (2) units or more. Renton SMP Use Environment Amendments March 8, 2004 Page 20 F. Utilities: 1. Local Service Utilities: The necessary local service utilities shall be permitted for approved activities and uses within the Conservancy environment and shall be underground per City code requirements. 2. Major Utilities: Major utilities may be allowed only by approval of the Land Use Hearing Examiner and only if they cross the conservancy area in the shortest feasible route. G. Roads: Necessary roads are permitted subject to the standards of Section 7.15 of this Program. 5.03.03 Jurisdiction That portion of May Creek east of FAI-405 right-of-way and that portion of the south bank of the Cedar River, 2,500 feet east of FAI-405 right-of-way, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank shall be designated conservancy (see figure 5-1, and Appendix A -Springbrook Creek). 5.04 URBAN ENVIRONMENT 5.04.01 Designation of the Urban Environment: A. Objective: The objective of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. B. High-intensity Land Uses: The Urban environment is an area of high- intensity land use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city, but is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate intensive urban expansion. On certain shorelines planned for future urban expansion, there should be limitations based on the physical aspects of the site. C. Water-Oriented Activities: Because shorelines suitable for urban uses are a limited resource, emphasis shall be given to development within already developed areas and particularly to water-oriented industrial and commercial uses. D. Public Access: In this Master Program, priority is also given to planning for public visual and physical access to water in the Urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the Urban environment shall be accomplished through the Master Program. To enhance waterfront and ensure maximum Renton SMP Use Environment Amendments March 8, 2004 Page 21 I • public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to non-motorized transportation routes such as bicycles and hiking paths. 5.04.02 Use Regulations in the Urban Environment: All uses shall be allowed as indicated by Section 7 of the Master Program. 5.04.03 Jurisdiction All shorelines of the State regulated by the City which are not designated as Conservancy or Natural are designated as Urban (see figure 5-1). Renton SMP Use Environment Amendments March 8, 2004 Page 22 I SHORELINE ENVIRONMENTS LAlCE WASHINGTON ENVIRONMENTS Urban Conservancy Natural Figure 5-1 Renton Shoreline Master Program Environments ••• Renton SMP Use Environment Amendments March 8, 2004 Page 23 I • CITY OF RENTON SHORELINE MASTER PROGRAM . SPRINGBROOK CREEK . SHORELINE BOUNDARY MAP U . Urbllll En'lrcmnullit 1000 2000 CCOaiUjliilcr EIIvlro'nment ! • • •• .1 _ WatlaJld. 1:i200() . ... .... .--Shll"'lID,_ .BDWlder, --ClI,~ •. Note: This lTl8P.depic)s thtlapproximate localioo of the Springbrook creek shoreline bounda.y and associated wetJBnds~eme!:t I?Y the "Renton ~OreIineMasterPni9i'arii. Application of·tIie Renton Shoreline Master Pi"oOOiih toap(q:ierty is determiiledOri ii site.5pecific baSis by the!~ seMees OiviSi!l!'i utiliZiiigt!le te9utalicnSa@ .deliniliOnsi~ tIie Program lind anyliife Specff;iienv;ialmentat analysiS. Renton Shoreline Master Program, Appendix A Map Renton SMP Use Environment Amendments March 8, 2004 Page 24 APPENDIX B-2. Comparison of Renton Conservancy Classification and County Conservancy Classification County Conservancy Class 25.24.020 Designation criteria. Designation criteria for the conservancy environment shall be: A. Shoreline areas, regardless of the underlying zoning which has biophysical limitations to development which include but are not limited to: 1. Shoreline areas which are one hundred-year floodplains and areas which have flooding potential, 2. Shoreline areas with soils that have poor drainage, 3. Shoreline areas subject to severe erosion, 4. Shoreline areas with unstable banks, 5. Shoreline areas subject to slide hazard; B. Shoreline areas used as commercial forest land; C. Shoreline areas which are free from extensive development; D. Shoreline historic areas; E. Shoreline area of high scenic value; F. Shoreline areas used for low intensity agricultural uses such as range lands and pastures; G. Shoreline areas which are designated agricultural lands pursuant to Chapter 20.54; H. Areas which play an important part in maintaining the ecological balance of the region such as: 1. Areas rich in quality and quantity of life forms, 2. Areas important to the maintenance of the natural quality and flow of the water, 3. Marshes, bogs and swamps, 4. Class I beaches, 5. White water rapids and waterfalls, 6. Virgin timber stands, 7. Wilderness areas. (Ord. 3688 § 602, 1978). 25.24.030 General requirements. A. Nonwater related, water related and residential development shall not be permitted waterward of the ordinary high water mark. B. Except in those cases when the height requirements of the underlying zone are more restrictive, no structure except agricultural structures may exceed a height of thirty-five feet above average grade level. C. All development shall be required to comply with K.C.C. chapter 9.04 to control runoff and to provide adequate surface water and erosion and Renton SMP Use Environment Amendments City Conservancy Class 5.03 CONSERVANCY ENVIRONMENT 5.03.01 Designation of the Conservancy Environment: A. Objective: The objective in designating a Conservancy environment is to protect, conserve, and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state, while providing for limited use of the area. The Conservancy environment is intended to provide a pleasant break in the surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. B. Areas to be Designated as a Conservancy Environment: 1. Areas of high scenic value. 2. Valuable areas for wildlife habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot provide adequate utilities for intense development. 6. Areas with unique or fragile features. C. Acceptable Activities and Uses: Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a Conservancy environment are low density residential, passive agricultural uses such as pasture or range lands, and passive outdoor recreation. 5.03.02 Use Regulations in the Conservancy Environment: A. Commercial Uses: Commercial uses shall be limited to home occupations, which shall be contained wholly within the dwelling unit. B. Fish and Game Reserve and Breeding Operations: Any such activity shall be allowed only by the Land Use Hearing Examiner. C. Industrial Uses: All industrial activities are prohibited in a Conservancy environment. D. Recreation Use: In the Conservancy environment, recreation uses shall be limited to passive recreation. March 8, 2004 Page 25 I County Conservancy Class sediment control during the construction period. D. Development shall maintain the ftrst ftfty feet of property abutting a natural environment as required open space. E. Parking facilities except parking facilities associated with detached single-family and agricultural development shall maintain a shoreline setback of one hundred feet from the ordinary high water mark and retain existing vegetation or be planted in conformance with the landscape standards enumerated in the general requirements (K.C.C. 25.16.030) of the urban environment. F. Water quality treatment in compliance with K.C.C. chapter 9.04 shall be required where stormwater runoff would materially degrade or add to the pollution of recipient waters or adjacent properties. G. The regulations of this chapter have been categorized in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations. H. Development proposed in shorelines of the state shall maintain setbacks, provide easements or otherwise develop the site to permit a trail to be constructed or public access to continue where: 1. There is a proposed trail in the King County trail system; or 2. Part of the site is presently being used and has historically been used for public access. I. Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below thirty-two and one-half feet mean sea level. J. The regulations of this chapter are in addition to other adopted ordinances and rules. Where conflicts exist, that which provides more protection to a sensitive area shall apply; provided except that water dependent uses shall adhere to the applicable regulations and policies of the King County Shoreline Master Program and shall comply with other ordinances and rules to the greatest extent feasible. (Ord. 13190 § 28, 1998: Ord. 9614 § 114, 1990: Ord. 3688 § 603, 1978). 25.24.150 Recreation. Recreational development may be permitted in the conservancy environment subject to the general requirements of this chapter (Section 25.24.030) and the recreation provisions (Section 25.16.200) of the urban environment provided: A. The recreational development will not require any signiftcant ftlling, excavating or regarding Renton SMP Use Environment Amendments City Conservancy Class 1. Permitted Uses: (a) Public hiking and bicycle trails. (b) Non-motorized public ftshing. (c) Public wading and swimming spots. (d) Public areas for nature study. (e) Public picnic areas. 2. Uses Allowed by Hearing Examiner: (a) Public overnight camping areas. E. Residential Uses: 1. Permitted Uses: Low-density single family residences. 2. Prohibited Uses: Multi-family residences of two (2) units or more. F. Utilities: 1. Local Service Utilities: The necessary local service utilities shall be permitted for approved activities and uses within the Conservancy environment and shall be underground per City code requirements. 2. Major Utilities: Major utilities may be allowed only by approval of the Land Use Hearing Examiner and only if they cross the conservancy area in the shortest feasible route. G. Roads: Necessary roads are permitted subject to the standards of Section 7.15 of this Program. 7 .13 RECREATION 7.13.01 Deftnition: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, ftshing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife. 7.13.02 Public Recreation March 8, 2004 Page 26 County Conservancy Class involving more than twenty-five percent of that portion of the site within the shorelines of the state. B. The construction of indoor swimming pools, gyms and other indoor recreational facilities is prohibited. C. Piers, moorages, floats or launching facilities constructed in conjunction with recreational development shall not be: 1. Longer than one hundred twenty feet; or 2. Larger than 1350 square feet in surface area. (Ord. 3688 § 615, 1978). Renton SMP Use Environment Amendments City Conservancy Class Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: A. Accessibility to the water's edge is provided consistent with public safety needs and in consideration of natural features; and B. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community; and C. Just compensation is provided to the owner for property acquired for the public use; and D. It is designed to avoid conflicts with owner's legal property rights and create minimum detrimental impact on the adjoining property; and E. It provides parking spaces to handle the designed public use, and it will be designed to have a minimum impact on the environment. 7.13.03 Private Recreation Private recreational uses open to the public shall be permitted only when the following standards are met: A. There is reasonable public access to the recreational uses, including access along the water's edge where appropriate. In the case of Lake Washington, significant public access shall be provided; and B. The proposed facility will have no significant detrimental effects on adjacent parcels; and C. Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. March 8, 2004 Page 27 I APPENDIXC SHORELINE MASTER PROGRAM GUIDELINES DECEMBER 2003 WAC 173-26-211 Environment designation system. (5) The designations. (c) "Aquatic" environment. (i) Purpose. The purpose ofthe "aquatic" environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward ofthe ordinary high-water mark. (ii) Management policies. (A) Allow new over-water structures only for water-dependent uses, public access, or ecological restoration. (B) The size of new over-water structures should be limited to the minimum necessary to support the structure's intended use. (C) In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over-water faci.lities should be encouraged. (D) All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. (E) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives ofRCW 90.58.020 , and then only when their impacts are mitigated according to the sequence described in WAC 173-26-201 (2)(e) as necessary to assure no net loss of ecological functions. (F) Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. (iii) Designation criteria. Assign an "aquatic" environment designation to lands waterward of the ordinary high-water mark. Local governments may designate submerged and intertidal lands with shoreland designations (e.g., "high-intensity" or "rural conservancy") ifthe management policies and objectives for aquatic areas are met. In this case, the designation system used must provide regulations for managing submerged and intertidal lands that are clear and consistent with the "aquatic" environment management policies in this chapter. Additionally, local governments may assign an "aquatic" environment designation to wetlands. Renton SMP Use Environment Amendments March 8, 2004 Page 28 City of Renton Shoreline Environments Map There may be wetlands and floodways associated with other Shorelines of the State within the City of Renton that are not shown on this map. Those associated wetlands and floodways are also governed by the City's Shoreline regulations. DRAFT Urban Environment Conservancy Environment Natural Environment Water Class 1 City Limils e OEV~l~~~WE~crJ'ING .,jUL 0 ~ 200lt RECE'VED CITY OF RENTON BEST AVAILABLE SCIENCE LITERATURE REVIEW AND STREAM BUFFER RECOMMENDATIONS Prepared for: The ,City of Renton 1055 South Grady Way Renton,.W A 98055 Prepared by: A.C. Kindig & Co. 12501 Bellevue-Redmond Road, Suite 210 . Bellevue, W A 98005 And Cedarock Consultants, Inc. 19609 244th Avenue NE Woodinville, W A 98072 Andrew C. Kindig, Ph.D., Project Manager Carl G. Hadley, B.s., Fisheries Scientist February 27, 2003 Project No. 182 I City of Renton BEST A V .N[!t~tJ1;.iEJt~CIENCE LITERATU:&.E REVIEW AND STREAM BUFFEW'RE~QMMENDATIONS 1.0 SUMMARY This report summarizes the results of a literature review of the best available science, undertaken to develop and support recommendations' to the City of Renton for stream and lakeshore protection by buffers sized to various stream or lake shore classes. The Washington State Office of Community Development adopted administrative rule guidance in August 2000 (Chapters 365-195-900 through 925 WAC) to assist cities on identifying and including best available science in land use management regulations. This review followed those guidelines and used a valid scientific process by qualified individuals " ... that produces reliable information useful in understanding the consequences of [the City's] regulatory decisions" (Washington State Office of Community Development 2002). A parallel effort, summarized, in this report, was, undertaken to review and recommend a stream classification system for the City. 2.0 APPROACH The benefidal influences of riparian areas along streams of varying types and' lakeshore within the City of Renton were evaluated by the following process: • Review of existing fish distribution and habitat inventory information for Renton (Golder Associates 2001); • Field reconnaissance of representative stream and lakeshore segments by the two principal scientists that prepared this report; • Review of best available science in the literature; • Organization of the scientific literature into a matrix of riparian functions that play a role in stream and 'lake health and fish habitat, support; • Assessment of reasonably expected riparian function potentials within the City of Renton, and their distribution by stream type; and • Recommendation of standard buffer widths for' each' stream classification, using a combination' of the literature data review and riparian function potential assessments. ' ' To allow for and recognize a variety of existing land use and property constraints, allow for changing environmental conditions, and for variations in riparian function potential in various areas of the City, two regulatory A.c. Kindig & Co, and Cedarock Consultants, Inc. DRAFT -February 27, 2003 'Page 1 City of Renton Best Available .ce Literature Review And Stream Buffer Recommendations approaches are encouraged as a result of this review. The Path A process would occur where standard water body classifications, standard buffer widths and other regulations are met by an applicant's proposal. These Path A buffer widths are recommended in this report. The PathB process would occur where standard conditions are uncertain, or standard buffers are not proposed by an . applicant, requiring more information to determine whether the proposal protects the riparian functions identified in this report, to the reasonable limits of their potential on a site-specific basis. To allow flexibility within the Path B process, an inner and outer riparian management zone concept is being· developed by the City (Schueler 1995, Portland 2002). 3.0 URBAN CONSIDERATIONS The full suite of riparian functions that support stream and lake shore habitat quality in natural forest or grasslands is reduced in the highly modified riparian zones found in the City of Renton. The most realistic strategy for streams and lake shore in the City is to recognize and protect natural riparian features that have a direct functional role on water and habitat quality within the constraints of the urban environment. Vegetation in the riparian area is key to providing those functions under urban constraints. Examples of these constraints include: • Existing riparian widths and conditions constrained by structure and infrastructure; . . • Channelized streams within dense population areas and among large numbers of small private properties; • Public safety, or example hazard trees or flooding; • Culvert interference with large woody debris transport downstream and other stream processes; . • And permanent or semi-permanent artificial barriers isolating stream reaches. Nearly all of the scientific literature and literature-reviews are written from a perspective of riparian functions and widths· necessary· to provide fully functioning natural pathways in forested areas (May 2002, Pollack and Kennard 1998; Knutson and Naef 1997; Spence et al. 1996; FEMAT 1993; Thomas et al. 1993; Budd et al. 1987; Harmon et al. 1986). Much of the literature on riparian function has investigated the results of tree harvesting in forests, or the effects of various agricultural practices. While these types of literature and summary reviews must be approached with caution when evaluating riparian functions and reasonable function potential under urban constraints, they are useful in describing riparian functional processes that allow extrapolation to the urban condition. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 2 I • City of Renton Best AV.ble Science Literature Review And Stream Buffer Recommendations It has been argued (May 2002) that riparian buffers need to be designed both on the basisof the resource and on the "threat" represented by the surrounding land use. Under this approach, higher urban density or more intense land use would justify wider buffers, as would higher resource sensitivity or value. We rejected the land use "threat~' approach as inconsistent with the realistic recognition of existing urban condition of most of the City, and inconsistent with the direction of the Washington State Department of Ecology in developing guidelines for its Shoreline Master Program. Those guidelines recommend restoration of ecological functions of shorelines (which includes all Class 1 streams and lake shores regulated by the City), where degraded, occur " ... as a planning requirement for local government to address through non-regulatory means" and recognize limitations to regulatory authority with respect to private property (Washington . Department of Ecology 2003). The approach in this report was to recognize resource sensitivity or value through the stream and lake shore classifications, and then develop riparian buffer width recommendations for each. Those recommendations are based on data providing reasonable confidence the buffers will 'preserve or enhance riparian influences actually functioning to improve habitat and water quality in . Renton's urban setting. Finally, wildlife habitat and' the interaction of water-dependent species with streams and lakeshores are often cited as one riparian function. For example, larger animals such as beavers· also interact with riparian, areas to affect hydrology and water quality, and are listed as one reason. for larger riparian buffers (Naiman and Rogers 1997). However, where they exist, such animals can be inconsistent with public safety and infrastructure maintenance requirements in urban environments by clogging culverts or causing local flooding, and often must be removed. 'Riparian function has been evaluated in this report from the perspective of fish habitat requirements (including water quality). Other non- fish habitat, including uplands habitat, is provided by the City's Habitat Conservation Regulations. . Those regulations may overlay the stream and lakeshore buffer recommendations included in this assessment, but are not included within the buffer functional requirements evaluated herein. . .... 4.0 . STREAM BUFFER FUNCTIONS 4.1 Water Quality· Vegetation adjacent to streams can improve water quality by filtering pollutants, removing nutrients, or preventing sediment introduction, and lowering temperature through shading (FE MAT 1993).' In urban areas, development A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 3 City of Renton Best Available .ce Literature Review And Stream Buffer Recommendations eliminates natural infiltration pathways to streams, changing the hydrologic flow paths to favor piped drainage systems that either bypass the riparian area, or channel flow through the riparian area (Schueler 1995). Much of the natural buffer functions for hydrolo~c and water quaHty functions (peak flow attenuation, base flow releases, and water quality treatment) are removed from riparian buffer control by storm drain systems. Storm water detention and water quality treatment requirements are regulated for new development and redevelopment within the City without reliance on riparian buffer function. Nonetheless, there are areas where storm runoff sheet flows through riparian areas. Particularly in headwater areas, where developed stormwater system discharges may not control water quality, or reaches where residential yards, parks, or other areas slope towards streams with no intervening catch basin, riparian areas benefit water quality. Riparian areas also playa role in regulating seasonal nutrient releases to streams and lakeshores, supporting a food chain that includes prey for salmonids. 4.1.1 Contaminants (metals, organics, bacteria, oil and grease) and Nutrients Where storm runoff disperses into vegetated riparian areas, the water slows, pools, and may infiltrate. This allows contaminants such as heavy metals; which adhere . to fine particles, to settle' out before reaching the stream. Other contaminants, such as bacteria, are removed through filtration in the soil. Organic compounds,' and oil and grease are removed through filtration (hydrophobic attraction to surfaces), microbial or physical degradation. Vegetation cover is key to this function, playing both a direct structural role in slowing water and trapping contaminants, and an active direct role in absorbing and storing nutrients as they move through the riparian zone (Castelle et al. 1994, Spence 1996). Diverse stands of vegetation are better at improving water quality than stands consisting oione or a few species (Todd 2000). Nutrients are also chemically transformed by interaction with riparian soils and in stream gravels in the stream (Ferald et al. 2000). The hyporheic zone is a saturated area beneath a stream and under th~ riparian zone where groundwater and surface water coexist in hydraulic continuity with the stream. This area changes the chemical composition of water through denitrification (volatilization of excess nitrogen by bacteria under low oxygen conditions), and storage of particulate organic matter,where it is processed over time by benthic invertebrates and bacteria (Naimen et al. 2000). A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 4 City of Renton Best AV.ble Science Literature Review And Stream Buffer Recommendations Physical-chemical interactions in the hyporheic zone that influence water quality are very important in relatively undisturbed watersheds (Naiman and Bilby 1998), but have ,much less influence in developed urban areas. Riparian function for nutrients is not limited to improving water quality from water dispersed through it. Vegetation within the riparian area plays an important role in regulating nutrient inputs to stream food chains. Riparian vegetation is the primary carbon source for stream organisms, becoming available as plants die, drop leaves, or leach nutrients into water (Gregory et al. 1991, Huebneret aI1993). Nitrogen and phosphorus, like carbon, are vital plant nutrients; though in excess they can lead to excessive algae and plant growth, which in tum can cause low dissolved oxygen when it decomposes. Nitrogen is very water soluble, whereas phosphorus is mainly in mineral form attached to sediments. Some plants, like red alder, fix atmospheric nitrogen through, symbiotic association with microbes, andrelease it into the stream with leaf litter. Riparian buffers can trap particulate phosphorus where water is dispersed, and riparian vegetation can'-take up mineralized phosphorus from the soil and store it. Plant storage returns some phosphorus to the stream as leaf litter. Riparian vegetation likely does not remove phosphorus to storage in the long term, given constant inputs (Peterjohn and Correll 84; Lowrance et al. 97; Lowrance 98), but does affect the timing of its passage through the riparian zone to the streanl, and returns phosphorus to the stream as leaf litter that is better suited to ~tream, ecosystem function~ , " Some of the greatest riparian functional widths in the literature are attributed to nutrient removal, where water is dispersed through them, or to protect streams from agricultural influences, both crop and animal manure'(i.e., up to 600 feet or an average of 250 feet by Knutson and Naef 1997; equal to area of manure origin by Overcash et al. 1981 and Bingham et al. 1980), or to protect streams from logging and burning (Snyder et al. 1975, Lynch et al. 1985). Very little literature pertains directly to the role of riparian zones for nutrient control in urban areas. Vegetated stream or lake buffers can function to reduce nonpoint introduction of sediments and associated ph9sphorus during construction in urban areas, or ' from resideritiallots. -Including sites up to 12 percent in slope, vegetated buffers -of 50 feet were found to reduce phosphorus inti-oduced by construction erosion to background (unaffected) levels (Woodard and Rock 1995). Vegetation cover had a more significant impact on suspended solids and phosphorus than slope, even up to the steepest studied slopes of 12 percent: Unvegetated, exposed soil areas in the riparian areas were sources of suspended solids to the streams. A.C Kindig & Co, and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 5 City of Renton Best Available .ce Literature Review And Stream Buffer Recommendations Because of the altered means by which water enters streams in urban . environments, it is recognized that source control and stormwater treatment best management practices will be the primary means to control stream nutrients (Binford and Buchenau 1993; Barling and Moore 1994; Spence et ai. 1996; Leavitt 1998). From an undisturbed watershed perspective, May (2002) concluded from his review of the literature that 100 feet of buffer would provide full nutrient riparian function. This conclusion is consistent with Knutson and Naef's (1997) literature review conclusion that, for most water quality parameters, 100 feet of buffer would protect this riparian function where' water is dispersed through buffer and controls stream water quality in the forested watershed. The one literature source that directly studied phosphorus removal from residential construction asa function of buffer width cortcluded that a 50-foot buffer would protect water quality, irrespective of slope so long as the buffer was well vegetated (Woodard and Rock 1995). Table 1 Summary of Riparian Widths Reported to Trap Nutrients and Stormwater Contaminants in a Vegetated Riparian Zone Buffer Width. Citation Notes 50 feet Woodard and Rock 1995 100% removal of added phosphorus load from non-point residential construction runoff, where vegetative cover was good, irrespective of slopes. 100 feet Castelle et ai. 1994 Based on author's review of literature 100 feet Todd 2000 Based on quthor's review of literature inmulti:-use watersheds. 100 feet Knutson and Naef 1997 Based on author's review of literature; to preserve buffer function where natural routing of water through buffers is preserved (i.e., rural areas or forest practices). 4.1.2 Non-Point Fine Sediments As with nutrients, sediment removal function by riparian zones has less relative importance where developed stormwater systems discharge directly to streams, bypassing riparian areas and dominating flow. In forested systems affected by AC Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 6 City of Renton Best AV.ble Science Literature Review And Stream Buffer Recommendations logging, one site potential tree height (approximately 100 to 115 feet in the Renton area) has been suggested as protective (Broderson 1973), but extrapolation of these results to an urban context is difficult. It is clear that, where flow is overland through a riparian area, vegetation can slow or trap water, settling sediments before reaching the stream (Spence et al. 1996). Other literature reviews from a for~st cover perspective concluded distances between 100 feet and 200 feet are needed to prevent most sediment from reaching streams (Karr and Schlosser 1977; Johnson and Ryba 1992; Broderson 1973). These distances pertain mainly to logging practices. They are in sharp contrast to the 50-foot recommendation resulting from studies by Woodward and Rock (1995),· designed for the explicit purpose of examining suspended solids removal as a function of transit distance vegetated buffers adjacent to ~esidential construction. Table 2 . Summary of Riparian Widths Reported to Trap Most Suspended Solids and Sediments in a Vegetated Riparian Zone . . Buffer Citation Notes Width 50 feet Woodard and Rock 1995 Removal of most suspended solids from non-point residential " , construction runoff, where vegetative cover was good, irrespective of slo-.£es. 100-125 feet Karr and Schlosser 1977 . 75% sediment removal; in forested area 150 feet Johnson and Ryba 1992 90% sediment removal at 2% grade; in forested area. 200 feet 'Broderson 1973 To prevent sediment introduction from logging ,to streams. 4.2 Food -Particulate Organic Nutrient Input Vegetation and plant materi~l. falling into . the creek form an important component of the aquatic ecosystem food chain, especially in smaller stream channels (Gregory et al: 1991,'Naiman et al. 1992). Particulate matter delivered 'by the adjacent riparian area directly or indirectly provides nutrients and energy for organisms eventually consumed by fish. Terrestrial insects living in the adjacent vegetation also contribute to the productivity of a stream. The majority of material comes from directly over, or within a very short distance of the stream. FEMAT (1993) suggests most leaf material is contributed within approximately 50 feet of the stream. Other studies have shown that benthic invertebrate communities' in streams with riparian buffers greater than 100 feet A.c. Kind.ig ,& Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 7 City of Renton Best Available .ce Literature Review And Stream Buffer Recommendations are indistinguishable from those in streams in forested watersheds (Erman et al. 1977). Table 3 Summary of Riparian Widths Reported to Prov,ide 90 Percent or Greater of Particulate Nutrients Buffer Citation Notes Width 50 feet FEMAT1993 Greater than 90 percent of function 100 feet Erman et al. 1977 Approximately 100 percent protective of macroinvertebrate community which depend to a large extent on particulate nutrients 4.3 Microclimate Riparian vegetation protects streams from climate changes caused by widespread development away from the stream, including soil and air temperature, humidity, and wind. The collection of these small-scale climatic variables is called microclimate. There is no direct link between microclimate and the condition of salmonid habitat that appears in the literature. However, it has been suggested that microclimate needs protection (in addition to shad~ or temp~rature control, discussed below) to maintain desirable assemblages of plants and animal species, including insects, beneficial'to fish (Pollack and Kennard 1998). If protection to natural forested microclimate conditions is the goal, the literature report buffers of 100 to over 500 feet of riparian forest could be necessary. For forested streams, one study found 100 percent function to control relative humidity occurs 250 feet from the stream; 50 percent function occurs within appr,oximately35 feet (Pollack and Kennard 199,8). ,FEMAT(1993) concluded between 0.5 to 3 site potential tree heights would preserve natural mature forest riparian microclimates (approximately 58 to 345 feet iJ;l the Renton area). While there are several literature reports examining microclimate and 'forest practices (Table 4), there are no literature data for urban a:reas, where relative humidity and temperature are greatly influenced by surrounding development rather than vegetation. A.c. Kindig & Co, and Cedarock Consultants, Inc, DRAFT -February 27, 2003 Page 8 City of Renton Table 4 Best Av.ble Science Literature Review And Stream Buffer Recommendations Summ'ary of Riparian Widths Reported to Provide NaturalForested Riparian Microclimate Buffer Citation Notes Width 100 feet Spence et al. 1996 Literature Review; Western Oregon forests 148 feet Brosofske et al. 1997 Forest harvest effect study; Western Washington 250 feet· Pollack and Kennard 1998 Forest harvest study, 100% function; 50% function within 35 feet. 58 -345 feet FEMAT1993 Mature forest; to maintain natural forested riparian microclimate; 0.5 to 3.0 site ~otential tree heights. 525 feet Franklin and Forman 1987 Riparian forest ecosystem 4.4 Temperature and Shade Overhanging vegetation shades streams, until the channels become so broad that, like lakes, most of the water surface is exposed to the sun. By intercepting solar radiation,' vegetation prevents heat energy from reaching' streams, maintairung cooler water. Vegetation also shades soil, cooling water.introduced t() streams through the hyporheic zone. Cool water is an essential habitat feature forsaImonids, and increases the amount of atmospheric oxygen that will dissolve into the water, which also improves salmon habitat conditions and. is . . essential for salmon spawning. Sullivan et al. (1990) concluded that leaving 50. to 75 percent of larger (fish bearing) stream' reaches shaded after logging would leave most streams in. a temperature range suitable for fish. Once streams traveled 25 miles from their watershed divides, they were generally too wide for trees to shade their surfaces or exercise control over water temperature (for example, the Cedar River within the City of Renton, the Black River, and Lake Washington). Ithas been reported that overhangiIlgvegetation on large rivers or lake shores can create cooler micro . habitats for fish and aquatic organisms (Palone andTodd 1997) . . . One comparison of pre-and post-forest harvest conditions found that riparian buffer width did not affect stream . water temperature, except in the complete' absence of streamside trees (Brosofske et ai. 1997). Soil temperature and not forested buffer width was the determining factor for stream water temperature. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 9. City of Renton Best Available .ce Literature Review And Stream Buffer Recommendations Considered from a shading perspective with old growth forest conditions as the goal, Brazier and Brown (1973) found that angular canopy densities comparable to old growth stands could be attained within 70 to 100 feet of the stream in the southern Cascades and Oregon Coast range. Steinblums et al. (1984). recommends greater than 124-foot buffers in the western Cascades to retain 100% natural shading, based on studies performed at a range of 25 to 145 foot widths. Stream temperatures in deforested watersheds, while warmer than they were in a forested state, do not approach the tolerance limits of resident fish species (Beschta et al. 1987). However, one effect of urbanization is to increase ambient temperatures above forested watersheds because of impervious surfaces. In these, areas, local-or small-scale shade (that directly over the stream and riparian area) will influence water temperature. Larger-scale; or thermal corridor. influences on temperature do not occur in urban areas, with the exception of streams in steeper canyons or valleys where development has not occurred or is restricted by steep slopes. In these situations, temperature in a stream reach is affected by the condition of the adjacent riparian forest and by riparian and hill slope conditions far upstream and upslope (Pollock and Kennard 1998). I~ forested watersheds, where large-scale thermal corridor effects do occur, one study determined that 100 percent shade function required a 300-foot distance from the stream; 83 percent function required 120-foot distance; 75 percent fUnction required a 100-foot distance; and 50% function required 50 feet of forest shade (Pollack and Kennard 1998). Most other studies found up to 100 percent temperature function within 100 feet of the stream under forested conditions .(Table 5). There were no data in the literature reporting functional temperature data for various buffer widths in urban settings. Table 5. Summary of Riparian Width Reported to Provide a ean ontro emperature WIt a oreste lpanan Sh d d CIT . h F d Ri . Z one Buffer Citation Width 50 -250 feet Pollack and Kennard (1998) 70 -100 feet Brazier and Brown (1973) 75 feet FEMAT1993 100 feet Barton et al. (1985) 100 feet Beschta et al. 1987 100 feet Johnson and Ryba 1992 A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27,2003 Notes .. 50%-100% natural shade Jfull forest) 80-90% natural shade{full forest) 100% natural shade (0.75 SPTH for 100-foot lowland trees) 20F reduction in stream temperature with 100 foot forested buffer 100% natural shade Jfull forest) 50-100% natural shade (full forest) Page 10 City of Renton 4.5 Human Acce~s Control Best Avlble Science Literature Review And Stream Buffer Recommendations One function of buffers in populated watersheds c~m be reduci~g the direct encroachment of humans (Leavitt 1998). Direct human impact to streams most often consists of refuse dumping, trampling of vegetation, bank erosion, and noise (King County 2002 and Castelle 1992). Plant loss due to the trampling of vegetation near a stream increases siltation of spawning gravels and reduces' aquatic invertebrates that are important fish food sources. Riparian buffers protect sensitive areas from direct human impact by limiting easy access to the stream and by blocking the transmittal of human and mechanical noise. Riparian buffers provide visual separation between streams and the developed environment, blocking glare and human movement from fish species (Young 1989). ' Twenty-one wetlands in King and Snohomish Comities were studied before residential ,development, and 8 years after development, to assess the effectiveness of buffers in controlling human disturbances (Cooke 1992). Although this study assessed wetland habitat and not streams, it nonetheless provides a basis to estimate the width of a buffer that discourages or reduces human' disturbance to streams. Cooke (1992) concluded that buffers functioned most· effectively when the adjacent land use· 'consisted of low intensity development; . when buffer areas were greater than 50 feet wide, and planted with high quality mixed species of native vegetation; and where .there was a high degree of resident education on the value o!buffers. Human disturbance most often took the form of lawn or landscaping' encroachment. Twenty; of the 21 buffers in the study that ,were lessthari 50 feet wide had some form of human alteration (95 percent). Three of 8 buffers in the study greater than 50 feet in width had some form of human alteration (35 percent). Other authors recommend controlled human activity within riparian buffers, such as restricting human disturbance to footpaths, or roadway crossings within 25 feet of the stream, and allowing active recreation and bike paths within 25 to' 50 feet of the stream (Schueler 1995). Narrower buffers may suffice in areas to prevent human disturbance through education, such as signage and! or homeowner education; or through physical measures, such as fencing or vegetation that discourages passage (Schueler 1995). A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 11 City of Renton Table 6 Best Available .ce Literature Review And Stream Buffer Recommendations Summary of Riparian Width Reported to Provide Human Disturbance Control Buffer Citation Notes Width 25 feet Schueler 1995 Passive footpaths and utilities; controlled access 25 -50 feet Schueler .1995 Active bike trails and recreation; controlled access ·50 feet or Cooke 1992 50-foot buffers protected from greater human disturbance nearly 3 times better than 25-foot buffers. 4.6 Large Woody Debris Large woody debris (LWD) consists of downed tree stems and branches and is a functionally important structural component of stream channels in the Pacific Northwest (Fetherston et al. 1995, Naiman et al. 1992). Once LWD reaches a stream it may remain in place or migrate downstream depending on the size of the wood and stream energy. LWD can have a major effect on the quality of fish habitat within a stream as it influences the routing of water and sediment, helps trap and stab.ilize coarse gravel deposjts, plays a role ·in the development of channel morphology, is an important source of overhead and velocity cover for fish, and acts . as a surface for biological activity which contributes to the productivity of a stream system (Bisson et al. 1987; Beschta et al. 1987; Sullivan et al. 1987, Bilby and Ward 1991). . The probability that "a falling tree will reach a creek is a function of its distance from the creek, tree size, ground slope near the stream, and predominant wind direction. In a mature coniferous forest, the majority (70 to 90 percent) of LWD ina stream comes from within 50 feet of the stream; 90 to 99 percent comes from within 100 feet; and virtually all LWD contributed to streams in a typical Puget Sound lowland forested region comes from within a distance equal to approximately 150 feet (Murphy and Koski 1989, McDade, 1990, Robison and Beschta 1990, FEMAT 1993, Fetherston et al. 1995). As a forested riparian stand ages, and trees get taller, proportionally more of the LWD contribution comes from further away (Fetherston et al. 1995). However, within the City of Renton urban areas, there are few if any mature to old growth trees and the potential of trees being allowed to grow for 100 to 300 years and then naturally fall is remote. Many if not most old and potentially unstable trees near homes, schools, parks and other public places are removed as hazard trees. Thus, most LWD recruitment in the future will come from young to moderate aged trees relatively A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 12 I City of Renton Best A V.bIe Science Literature Review . And Stream Buffer Recommendations close to the creek. Only within remote areas such as lower Honey Creek and portions of the Cedar River, and areas where a natural shorelines designation is provided such as portions of the Black River and Springbrook Creek, is it likely that older trees will develop to maturity. Table 7 . Riparian Width Reported to Provide 90 Percent or Greater of Natural LWD Recruitment in a Mature Forest Buffer Width Citation Notes 65 feet Murphy & Koski 1989 95% within 65 feet; 99% withinl00 feet 95 feet McDade et al. 1990 90% of mature conifer within 95 feet 65-120 feet Van Sickle & Gregory 1990 Modeled data from mixed height and uniform mature stands 100-135 feet FEMAT1993 Mature to old-growth forest 4.7 Channel Migration The channel migration zone (CMZ) is that area of the landscape that encompasses the lateral extent of likely stream channel movement over time due to stream bank erosion and new channel incision. Where not confined by I1;eiITby stable land . forms or manmade flood control . structures, stream. chanriels naturally migrate as fluxes in sediment load aggrade the stream bed and cause flows to select more stable passageways (Montgomery and Buffington 1993). As channels move, new LWDand stream gravels are recruited resulting in the creation of new mainstem fish habitat. The abandoned mainstem'channels often remain as· side channels and backwaters offering off-channel rearing habitat opportunities for juvenile saln:l.()nidsand their prey. Identification of CMZs requires site-specific analysis by qualified fluvial geomorphologists. However, the CMZ can be roughly approximated by the 100- year flood zone' as mapped by FEMA. The 100-year flood plains within the City of Renton have been mapped and are shown in the City of Renton Flood Hazard Sensitive Areas Map .. The CMZ does not include areas that lie behind lawfully established flood control facilities for which a commitment exists to maintain the structure. These structure,s can include dikes, levees, or roads. The city code provides protection for floodplain areas, which would'serve as an overlay to the standard stream buffers. Therefore CMZ function was· not a determinant in consideration of riparian functions for buffers. A.c. Kindig & Co, and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 13 City of Renton Best Available ace Literature Review And Stream Buffer Recommendations 4.8 Bank Stability Roots from vegetation growing along the streambank help stabilize soils and reduce erosion. Overhanging roots also provide habitat for fish where streams undercut the root balls. The soil stabilizing benefits of root structures is greatest within one-half of the crown diameter of the vegetation growing along the bank (Burroughs and Thomas 1977). Assuming that the largest plants growing along stream banks are trees, and the maximum crown diameter of a mature fir tree is approximately 80 feet, root strength benefits would be low beyond 40 feet from the channel. Smaller vegetation growing near the creek also strongly influences bank stability at distances nearer than 40 feet: Table 8 Riparian Width Reported to Provide 90 Percent or Greater of Natural Bank Stability Buffer Width Citation Notes 40-70 feet FEMAT1993 Based on tree size; affected by hydrology 5.0· STREAM CLASSIFICATIONS For th~ purposes of this evaluation, streams were classified according to the following summary criteria: . • Class 1 waters are perennial fish-bearing waters classified as shorelines of . the state, and/ or are identified as such on the City's adopted Chinook Distribution Map (Golder Associates 2001); . • Class 2 waters are perennial or intermittent waters that historically or currently are salmonid-bearing, or a pond or lake between 0.5 and 20 acres in size; • Class 3 waters are non-fish bearing perennial waters during years of normal rainfall,; • Class 4 waters are non-fish bearing intermittent waters during years of normal rainfall; and • Class 5 waters are non-fish bearing waters which flow within an artificially constructed channel where no naturally defined channel had previously existed, or a surficially isolated water body less than 0.5 acres not meeting the definition of a wetland. These waters are deemed artificial and are not regulated. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 14 I City of Renton 6.0 BUFFER FUNCTION POTENTIAL Best A V.bIe Science Literature Review And Stream Buffer Recommendations The potential for each riparian buffer function discussed in Section 4 to contribute to stream water quality and fish habitat health was evaluated' as summarized in Table 9 and discussed below. No function was attributed to Class 5 (unregulated) waters. • Water quality function by riparian buffers within the City is bypassed wherever storm drainage systems exist, either through direct discharge of stormwater to the stream or lake, or by introducing channelized flow that fails to disperse before reaching the stream or lake. Because of this, the role of riparian buffers in removing contaminants is determined to be low to moderate for all regulated water classes. Nutrient regulation was determined to be moderate for mid-sized to small streams, through seasonal release of leaf litter to the streams, despite the overriding influence of storm drains. However, nutrient regulation by riparian areas has lesser importance for Class 1 waters,. because of the. overridi,ng dominance of upsteam contributions to nutrients .. Fine sediment removal is determined to have no or low function influencing .. larger Class 1 waters, but increases in potential as the streams diminish in size down to Class 4 waters. Ranges of potential are listed where' a range of site-specific conditions are known to exist that affect the importance of this function in maintaining water quality. • Food function, or generation of . leaves, vegetative litter, and terrestrial insects as food· sources for aquatic food chains in riparian areas, increases' in importance with smaller stream size. High in the watershed~ leaf litter and insects form" the primary source of nutrients and food, which are cycled and delivered to waters lower in the watershed. "In large Class 1 . waters, leaf litter function potential contribution is low, but increases to high. function potential in Class 3 and 4 waters due to the greater proportional length of these water types in a basin. • Microclimate function is determined to have no realized potential for ". some Class 1 waters (for example, the Cedar River through downtown Renton), to moderate potential (for example, May Creek). Moderate furiction potential is attributed to all other regulated water classes, because as streams' decrease in size, streamside vegetation is more likely to control microclimate"factors such as local humidity. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 15 City of Renton Table 9 Best Available Science Literature Review And Stream Buffer Recommendations Stream Riparian Buffer Function and Classification Matrix; Reasonablv Exve'cted Function Potentials for Stream Classes within the Citv of Rent .- Function Mechanism , Class 1 Class 2 Class 3 Class 4 Class 5 Water Quality Contaminants are removed by dispersed flow through the buffer; settling particulates and promoting infiltration/ filtration -. -. -. -. 0 of water. Nutrients are controlled by dispersed flow through the buffer and vegetation, through microbial action and by cycling -• • • 0 through plants and leaf litter. Fine Sediment is removed by dispersed flow through the buffer; settling particulates and promoting infiltration/filtration -.. of water. Hyporheic zone (surface water/ groundwater o _ -. -. 0 interface) adjacent to streams influences water chemistry. Food Leaves, vegetative litter, and terrestrial insects fall into stream as food source for a food chain stretching from bacteria to algae • I I 0 -I to aquatic invertebrates to fish and other aquatic animals. Microclimate Riparian vegetation protects stream from climate changes caused by widespread. development away from the stream, 0_. • • • 0 including soil and air temperature, humidity, and wind. Temperature & Small-scale shade keeps sun from water and soil, cooling -. I I 0 Shade stream and groundwater associated with the stream. I - Large-scale, thermal corridor maintains cool air with mature trees to greater extent than small-scale shade, as in undeveloped 0 0 0 0 0 valleys. Human Access Limits human disturbance, lowering vegetation trampling leading to bare dirt banks or encroachment by resi~ential 0_ •• •• •• • • 0 gardening. Large Woody Conifer large branches or trunks die and fall into stream, Debris (LWD) creating habitat complexity in stream, sorting of spawning 0_ •• 0 gravel, trapping fine sediments, creating substrate for • -- algae/ diatom growth (see Food Function). Channel Natural meanders cut new channels and deliver spawning Migration gravels and LWD to streams. o _ 0_. o _ o _ 0 Bank Stability Roots and vegetation prevent bankside erosion. -. ••• T I 0 Wildlife Non-Fish Habitat See Habitat Conservation Re.vJiations o No Function; -Low Function; • Moderate Function; I High Function A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 16 I ! e I e City of Renton Best Available Science Literature Review And Stream Buffer Recommendations • Small-Scale Temperature and Shade function potential is determi~ed to be low to moderate for Class 1 waters (for example, the Cedar River and May Creek, respectively), but high for smaller perennial Class 2 and Class 3 waters. Intermittent Class 4 waters are rariked low in temperature or shade function potential, because they dry during the warmest part of the year. Large-scale, or thermal corridor-scale temperature control, was given no realized potential outside of areas already . regulated as steep slopes. • Human Access control function potential is determined to range from no to low for large Class 1 waters such as the Cedar River, where human access is provided to large reaches of the water, up to moderate to high for Class 1 waters such as May Creek. All other stream, classes are determined to have moderate to high potential . . to control human access. Other means such as plantings, fencing and education could lessen the importance of realizing this riparian function. • Large Woody Debris (LWD) recruitment function potential ranges from no to low for large Class 1 waters such, as the' Cedar River, where existing development precludes the growth of trees to hazard size along large reaches of the water, up to moderate to high for Class 1 waters such as the undeveloped May Creek corridor. The, importance of LWD diminishes with smaller stream'sizes in the urban environment, because of restrictions to public safety from the growth of trees to hazard size, and because of the numbers of culverts which clog with LWD. Culverts require maintenance (L WD and debris removal), to prevent flooding, and prevent transport of LwD to fish habitat downstream. Consequently, Class 2 stream buffers are determined to have moderate function potential for L WD recruitment~ but Class 3 and 4 waters have low function potential. • Channel Migration function potential is absent or low for Class I, 3 and 4 waters. The large Class 1 waters within the City could not be allowed to meander into adjacent properties without measures being taken to prevent property damage. For the smaller Class 3 and 4 waters, the number of culverts and hydrologic control points largely constrain flow paths. Low or moderate channel migration potential could exist for Class 2 fish bearing waters in some areas of the City. • Bank Stability function potential is determined low to moderate for larger Class 1 waters, because hydraulic flow enE;!rgy in larger waters reduces the ability of bankside vegetation to resist it, and because many of the larger Class 1 waters are channelized. Bank stability function potential increases to high in the· smaller stream Classes 3 and 4, where vegetation roots have much greater potential to prevent hydraulic erosion. A.c. Kindig & Co. and Cedarock Consultants, Inc . . DRAFT -February 27, 2003 e e-Page 17 City of Renton 7.0 Recommended Buffer Widths Best A va. Science Literature Review And Stream Buffer Recommendations The recommended Path A buffer widths are shown in Table 10, synthesizing function potentials and the literature on buffer function. These buffer widths assume no enhancement of a degraded buffer to restore or improve riparian functions, which under Path B may allow for smaller buffers. Table 10 Recommended Path A Riparian Buffer Widths Class 1 . Class 2 Class 3 Class 4 Class 5 100 feet 100 feet 75 feet 35 feet a feet 8.0 References Please refer to Appendix A for a subject summary of the references listed below, which were evaluated during the preparation of this report. Barling, R.D., I.D. Moore and R.B. Grayson. 1994. A quasi-dynamic wetness index for characterizing the spatial distribution of zones of surface saturation and soil water content. Water Resour. Res. 30(4): 1029-1044. Barton, D.R., W.D. Taylor, and R.M. Biette. 1985. Dimensions of riparian buffer strips required to maintain tro)lt habitat in southern Ontario streams. North American Journal of Fisheries Management 5:364-378. Belt, G. H., J. O'Laughlin, and T.Merrill. 1992. Design of forest riparian buffer strips for protection of water quality: analysis of scientific literature. Report No.8. University of Idaho; Idaho Forest, Wildlife and Range Policy Group; Moscow. Beschta, R. L., R. E. Bilby, G. W. Brown, L. B. Holtby, and T. D. Hofstra. 1987. Stream temperature and aquatic habitat: fisheries and forestry interactions. Pages 191-232 in E. O. Salo andT. W. Cundy, editors. Streamside management: forestry and' fishery interactions. University of Washington, College of Forest Research, Seattle. . Bilby, R.E. and 1. W. Ward. 1991. Characteristics and function of large woody debris in streams draining old growth, clear-cut, and second growth forests of southwestern Washington. Can. J. ofFish. Aquat. Sci., 48:1-10. Binford, M.W. and M. Buchenau. 1993. Riparian Corridors and Water Resources, Chapter 4 in D. Smith and P. Hellmund (eds.), Ecology of Greenways. University of Minnesota Press. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 18 City of Renton ·e B.A vailable Science Literature Review . And Stream Buffer Recommendations Bingham, S.c., P.W. Westennan, and M.R. Overcash.· 1980. Effects of grass buffer zone length in reducing the pollution from land application areas.· Transaction of the American Society of Agricultural Engineers 23:330-342. Bisson, P.A. Bilby, R.E. Bryant, M.D. Dolloff, c.A., Grette, G.B., House, R.A. Murphy, M.L., Koski,K.V. and J.R. Sedell. 1987, p. 87-94. In Salo, E.O and T.W. Cundy [eds.] Streamside Management: Forestry and Fishery Interactions. University of Washington, College of Forest Resources, Seattle, Washington. 471p. Bottom, D.L., P.J. Howell, and J.D. Rogers. 1983. Final report: fish research project Oregon salmonid habitat restoration. Oregon Department ofFish and Wildlife, Portland. 155 pp. Brazier, J.R. and G.W.Brown. 1973. Pages 1-9 in buffer strips for stream temperature control, For. ResoUf. Lab., School of Forestry, Oregon State University, Corvallis, Oregon . .. Broderson, J. M. 1973. Sizing buffer strips to Illaintain water quality. M.S. thesis. University of, Washington, Seattle. ' Brosofske, K., J Chen .. , R. Naiman, and F. Franklin. 1997. Harvesting effects on microc1imatic gradients from small streams to uplands in western Washington. Ecological Applications 7(4), pp. 1188-1200. Budd, W.W., P.L. Cohen, P.R. Saunders and F.R. Steiner. 1987. Strearri. corridor management in the Pacific Northwest: I. detennination of stream-corridor widths. EnviroIimental Management . -. 11(5): 587-597. Castelle, A.J., A.W. Johnson, and C. Conolly. 1994. Wetland and stream buffer size requirements- . a review. Journal of Environmental Quality 23(5): 878-881. . CasteIie,A.J., C. Conolly, M. Emers, E.D. Metz, S. Meyer, M. witter, S. Mauennann, T. Erickson, S~S. Cooke. 1992. Wetland Buffers: Use and Effectiveness. Adolfson Associates, Inc., Shorelands and Coastal Zone Management Program, Washington Department' of Ecology; Olympia, Pub. No 92-10. Cederholm; C. J. 1994. A suggested landscape approach for salmon and wildlife habitat protection in western Wa~hington riparian ecosystems. Pages 78-90 in A. B. Carey and C. Elliott, editors. Washington Forest Landscape Management Project Progress Report. Washington Department of Natural Resources, Olympia, Washington. . . Chen, J., J.F. Franklin, and T.A. Spies. 1995. Growing season microc1imatic gradients from clear cut edges into old growth Douglas-fir forests. Ecological Applications (5): 74-86. City of Portland. 2001. Healthy Portland streams, a river renaissance project, discussion draft: streamside science and. an inventory of significant riparian and wetland resources. City of Portland, Oregon Bureau of Planning, October 2001. AC. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 19 City of Renton Best Avaie Science Literature Review And Stream Buffer Recommendations Cooke, S.S. 1992. Wetland buffers-a field evaluation of buffer effectiveness in Puget Sound. Pentec Environmental, Inc. Prepared for Washington Department of Ecology Shorelands and Coastal Zone Management Program, Olympia Washington. Corbett, E. S., and J. A. Lynch. 1985. Management of streamside zones on municipal watersheds. Pages 187-190 in R. R Johnson, C. D. Zieball, D. R Patton, P. F. Folliott, and R H. Hamre, editors. Riparian ecosystems and their management: reconciling conflicting uses. U.S. Department of Agriculture, Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort Collins, Colorado. Desbonnet, A., P. Pamela, V. Lee, N. Wolff. 1994. Vegetated buffers in the coastal zone, a summary review and bibliography. Coastal Resources Center Rhode Island Sea Grant University of Rhode Island, July 1994. Erman, D.C., J.D. Newbold, and K.R Ruby. 1977. Evaluation of streamside bufferstrips for protecting aquatic organisms. Contribution 165, University of California, Water Resource Center, Davis, CA 48pp. . Ferald, A., D. Landers, and PJ. Wigington. 2000. Improving riparian buffer strips and corridors for water quality and wildlife. Pages 167-172 in P.J. Wigington and RL. Beschta, eds. Riparian Ecology and Management in Multi-Land Use Watersheds. American Water Resources Association, Middleburg, Virginia. Fetherston,. K.L., RJ, Naiman, and R.E. Bilby. 1995. Large woody debris,physical processes, and ripariari forest development in montane river networks of the Pacific Northwest. Geomorphology 13 (1995) 133-144. Fischer, R A., C.O: Martin, and J.C. Fischenich. 2000. Improving riparian buffer strips and corridors fo~ water quality and wildlife. Pages 457-462 in P.I. Wigington and RL. Beschta, eds. Riparian Ecology and Management in Multi-Land Use Watersheds. American Water Resources Association, Middleburg, Virginia. Forest Ecosystem Management Assessment Team (FEMAT). 1993. Forest ecosystem management: an ecological, economic and social ~ssessment. Interagency SEIS Team, Portland, Oregon. Franklin, J.F., and RT. Forman 1987. Creating landscape patterns by forest cutting:. ecological consequences and principles. Landscape Ecology 1 :5-18. Gilliam, J. W., and R W. Skaggs. 1988. Natural buffer areas and drainage control to remove pollutants from agricultural drainage waters. Pages 145-148 in J. A. Kusler, M. Quammen, and G. Brooks, editors. Proceedings of the national wetland symposium: mitigation of impacts and losses, held 8-10 October 1986. ASWM Technical Report 3. Association of State Wetlands Managers, Berne, New York. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 20 City <;>f Renton ·e B.A vail able Science Literature Review' And Stream Buffer Recommendations Golder Associates, Inc. 2001. Final Draft, City of Renton Fish Distribution and Habitat Inventory Report, Prepared for the City of Renton Surface Water Utility Division, Renton, Washington. November 29, 2001. Gregory, S.V., Fj. Sawnson, W.A. McKee, and K.W. Cummins. 1991. An ecosystem perspective of riparian zones: focus on links between land and water. Harmon, M. E., J. F. Franklin, F. J. Swanson, P. Sollins, S. V. Gregory, J. D. Lattin, N. H. Anderson, S. P. Cline, N. G. Aumen, J. R Sedell, G. W .. Lienkaemper, K. Cromack Jr., and K. W. Cummins. 1986. Ecology of coarse woody debris in temperate ecosystems. Advances in Ecological Research 15:133-302 Harris, L.D. 1984. The fragmented forest: island biogeography theory and preservation of biotic diversity. University of Chicago Press. Chicago, Illinois. Hewlett, J.D., and J.e. Fortson. 1982. Stream temperature under an inadequate buffer strip in the southeast Piedmont. Water Resources Bulletin 18:983-988. Huebner, RS., D.G. Soutter, and G.H. Wagner. 1993. Statistical analysis ofthe effects of vegetative buffer strips on in-stre.am water quality. Presented at 66th Annual Water Environment Federation Conference, Anaheim, California. Johnson, A.W. and D.A. Ryba. 1992. A literature review of recommended buffer widths to maintain various functions of stream riparian area. King County Surface Water Management Division, Seattle, W A Jones, R C., and C'-C. Clark. 1988. Impact of watershed urbanization on stream insect communities. Water Resources Bulletin 23:1047-1055. Karr, J.R, and I.J. Schlosser. 1977. Impact of near stream vegetation and stream morphology on water quality and stream biota. U.S. EPA Research Lab, Office of Research and Development, Athens Georgia, EPA-600/3-77-097 .. King County. 2002. Draft Overview of Best Available Science for Critical Areas Protection in King County. King County Department of Natural Resources and Parks, Department of Development and Environmental Services and Department of transpirtation, December 2002. Knutson, K. L. and V.L., Naef. 1997. Management recommendations for Washington's priority habitat: Riparian. Washington Dept. Fish and Wildlife, Olympia, WA. 181 pp. Lowrance, R 1998. Riparian Forest Ecosystems as Filters for Nonpoint Source Pollution .. In: M. Pace and P Groffman, (eds.) Ecosystem Management: Successes, challenges, and frontiers. Springer-Verlag. In Press. Lowrance, R., L.S. Altier, J.D. Newbold, RR. ScIulabel, P.M. Groffman, J.M. Denver, D.L. Correll, , J.W. Gilliam, J.L. Robinson, R.B. Brinsfield, K.W. Staver, W. Lucas, and A.H. Todd.· 1997 . A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 . Page21 City of Renton Best A vaiA Science Literature Review And Stream Buffer Recommendations Water quality functions of riparian forest buffers in the Chesapeake Bay Watershed. Environmental Management 21:687-712. Lynch, J. A., E. S. Corbett, and K. Mussallem. 1985. Best management practices for controlling nonpoint-source pollution on forested watersheds. Journal of Soil and Water Conservation 40:164-167. Madison, C. E, R L. Blevins, W. W. Frye, and R J. Barfield. 1992. Tillage and grass filter strip effects upon sediment and chemical losses. Page 31 in Agronomy Abstracts. American Society of Agronomy, Madison, Wisconsin. May, C.W., RR. Homer, J.R. Karr, RW. Mar, E.R Welch. 1997. Effects of urbanization on small streams in the Puget Sound lowland ecoregion. Watershed Protection Techniques 2(4): 483- 492. Riparian Ecology and Management in Multi-Land Use Watersheds. American Water Resources Association, Middleburg, Virginia. May, C.W., and R.R Homer 2000. The Cumulative impacts of watershed urbanization on stream- riparian ecosystems. Pages 281-286 in P.J. Wigington and R.L. Beschta, eds. May, C. W. 2002. Stream-Riparian Ecosystems: A review of best available science, Watershed Ecology LLC, December 12, 2002. McDade, M.H., F.J. Swanson, W.A. McKee, J.F. Franklin, and Van SIckle. 1990. Source distances . for coarse woody debris entering small streams in w~stern Oregon and Washington. Canadian Journal of Forest Restoration (20): 326-330. . Metropolitan Service District (Metro). 1997. Policy Analysis and Scientific Review for Title 3 of the Urban Growth Management Functional Plan: Water Quality and Floodplain Management Conservation, Portland, Oregon. . Metropolitan Service District (Metro). 1999. Development of measures to conserve, protect, and restore riparian corridors in the Metro Region: Streamside. CPR, preliminary Daft. Metro GroWth Management Services, Portland, Oregon. Montgomery, D.R. and J.M. Buffington. 1993. Channel classification, prediction of channel response, and assessment of channel condition. Report TFW-SH10-93-002·prepared for the SHAMW committee of the Washington State TimberlFishlWildlife Agreement. 84pp. Murphy, M. L. ·1995. Forestry impacts on freshwater habitat of anadromous salmonids in the Pacific Northwest and Alaska--Requirements for protection and restoration. Decision Analysis Series Number 1. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Coastal Ocean Program, Juneau, Alaska. Murphy, M. L., and K. V. Koski. 1989. Input of woody debris in Alaska streams and implications for streamside management. North American Journal of Fisheries Management 9:427-436. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 22. City of Renton BItAvailable Science Literature Review And Stream Buffer Recommenda tions Naiman, RJ., T.J. Beechie, et al. 1992. Fundamental elements of ecologically healthy watersheds in the Pacific Northwest coastal ecoregion. Pages 127-188 In RJ. Naiman, editor. Watershed management: balancing sustainability and environmental change. Springer-Verlag, New York. pp. 127-188. Naiman and R.E. Bilby. River Ecology and Management. 1998. Springer-Verla~, New York. .. Naiman RJ. and K. Rogers. 1997. Large animals and system-level characteristics in river corridors. Bioscience. 47(8):521-529. Naiman, RJ. and M;G. Turner. 2000. A future perspective on North America's freshwater ecosystems; Ecological Applications 10(4), pp.958-970. Oregon Division of State Lands. 1998. Urban riparian inventory and assessment guide: A tool for Oregon land use planning, Salem, Oregon. .. .. Osborne, L.L. and D.A. Kovacic. 1993. Riparian vegetated buffer strips in water quality and restoration stream management. Freshwater Biology 29:243-258. Overcash, M.R., K.R. Reddy,' and R. Khaleel. 1981. Chemical and biological process influencing the modeling of nonpoint source water quality from land areas receiving wastes. In Hydrologic Transport Modeling Water Resources Publication. Littleton, Colorado, pp. 1-11. Parametrix. 2002. Biological Review: Tri-County Model 4(d) Rule Response Proposal. Prepared for Tri-County Salmon Conservation Coalition, Seattle, Washington by Parametrix, Iqrkland Washington. 193pp. Palone, R.S. and A.H. Todd., eds. 1997. Chesapeake Bay riparian handbook: A guide for establishing and maintaining riparian forest buffers. U.S. Department of Agriculture, 'Forest Service, NA-TP-02-97,481 p. PeteIjohn, W. T., and D. L. Correll. 1984. Nutrient dyriamics in an agricultural watershed: observations on the role ofa riparian forest. Ecology 65:1466-1475. Peterson, R.e., L.B.M. Petersen, and J. Lacoursiere. 1992. A building block model for stream . restoration. In P.J. Boon, P. Calow, and G.E. Petts, eds. River Conservation and Management. Wiley and Sons, New York, N.Y.470 pp. Pollock, M. and P.M. Kennard. 1998. A low-risk strategy for preserving riparian buffers needed to . protect and restore salmonid habitat in forested watersheds of Washington State: Version 1.1. 10,000' Years Institute: Bainbridge Island, Washington. Raleigh, RF., W.J. Miller, and P.e. Nelson. 1986. Habitat suitability index models: chinook salmon. U.S. Fish and Wildlife Service. FWS?OBS-82110.122. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 . Page 23 City of Renton Best Ava. Science Literature Review And Stream Buffer Recommendations Robison, E. G., and R. L. Beschta. 1990b. Identifying trees in riparian areas that can provide coarse woody debris to streams. Forest Science 36:790-801. Reeves, G.H., and J.R Sedell. 1992. An ecosystem approach to the conservation and management of freshwater habitat for anadromous salmonids in the Pacific Northwest. Trans. North American Wildlife and Natural Resource Conf. 57:408-415. Schueler, Y. 1995. Site planning for urban stream protection, Washington D.C., Metropolitan Washington Council of Gove~ents and the Center for Watershed Protection. Schultz, Re., J.P. Colletti, T.M. Isenhart, W.W. Simpkins, C. W: Mirze, and M.L. Thompson. 1995. Design and placement of a multi-species riparian buffer strip system. Agroforestry System. 29:201-226. Snyder, G.G., H.F. Haupt, and G.H. Belt. 1975. Clearcutting and burning slash alter quality of stream water in northern Idaho. U.s. Department of Agriculture, Forest Service INT-168, . Ogden, UT. Spence, B.C., G.A. Lomnicky, RM. Hughes, and RP. Novitzki. 1996. An ecosystem approach to salmonid conservation. TR-4501-96-6057. ManTech Environmental Research Services Corp., Corvallis, Oregon. Steinblums, I. J., H. A. Froehlich, and J. K. Lyons. 1984. Designing stable buffers strips for stream protection. Joum(il of Forestry 82:49-52. Sullivan, K. J. TooIey~ K. Doughty, J.E. Caldwell, P. Knudsen. 1990. Evaluation of prediction models and characterization of stream temperature regimes in Washington. TimberlFishlWildlife Report TFW-WQ3-90-006, Washington Department of Natural Resources, Olympia, Washington. Terrell, C,R, and P.B. Perfetti. 1989. Water quality indicators guide: surface waters. U.S. Soil Conservation Service, SCS-TP-161. Washington, D.C. 129pp. Thomas, lW., M.G. Raphael, RG. Anthony, E.D. Forsman, A.G. Gunderson, RS. Holtahausen, B.G. Marcot, G.H.Reeves, J.R. Sedell, and D.M. Soils. 1993. Viability assessments and management considerations for species associated with late-successional and old-growth forests of the Pacific Northwest: the report of the scientific analysis team. U.S. Forest Service, Washington, D.C. 529 pp. Todd, A. 2000. Making decisions about riparian buffer width. Pages 445-450 in P.J. Wigington and RL. Beschta, Eds. Riparian Ecology and Management in Multi-Land Use Watersheds. American Water Resources Association, Middleburg, Virginia. Tri-County. 2000. Draft Tri-County Regulation of Development Program. Report from the Technical Committee on Regulatory Measures to Protect Salmonid Habitat in the Puget Sound Region, June 28,2000. A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Page 24 . City of Renton B.Available Science Literatur~ Review And Stream Buffer Recommendations United States Forest Service. 1993. A first approximation of ecosystem health. Draft U.S. Forest Service, Pacific Northwest Reg., Portland, Oregon. 109pp. Vanderholm, D.H., and E. C. Dickey. 1978. ASAE Paper No. 78-2570. Presented at the ASAE 1978 winter meeting, Chicago, Illinois. Van Sickle, J. and S.V. Gregory. 1990. Modeling inputs of large woody debris to streams from falling trees. Canadian Journal of Forest Resources. 20; 1593-1601. Washington State Department of Ecology. 2003. Shoreline Master Program Guidelines, Summary Comparison of Invalidated and Proposed Replacement Guidelines WAC 173 .. 26, Olympia, Washington. January 24,2003. . . Washington State Department of Fish and Wildlife (WDFW). recommendations for Washington's priority habitats: Riparian. 2001. Management Washington State Office of Community Development. 2002. Citations of recommended Sources of Best Available Science for Designating and Protecting Critical Areas, Olympia, Washington. March 2002. Wenger, Seth. 1999. A review of the scientific literature on riparian buffer width, extent and vegetation. Office of Public Service & Outreach, Institute of Ecology, University of Georgia. Athens,Georgia. Woodard, S.E.,. and -C.A. Rock. 1995. Control of residential stormwater by natural· buffer strips. Lake and reservoir Management 11(1):37-45. . . . :Xu, L., J. W. Gilliam, and R. B. Daniels. 1992. Nitrat~movement and loss in riparian buffer areas. Page342 in Agronomy Abstracts. American Society of Agronomy, Madison, Wisconsin. Young, M.J. 1989. Buffer delineation method for urban palustrine wetlands in the Puget Sound Region. M.S. Thesis, University of Washington, Seattle. Ac. Kindig & Co. and Cedarock Consultants, Inc. DRAFf -February 27, 2003 Page 25 City of Renton Best Available Science Literature Review And Stream Buffer Recommendations APPENDIX A: LITERATURE REFERENCE SUBJECT SUMMARY Large Woody Debris (LWO) Recruitment Literature Review· I Citation May 2000 (cited in King County 2002) and 2002 Pollock and Kennard 1998 Knutson and Naef 1997 Spence et aI. 1996 FEMAT 1993 (cited in King County 2002) Thomas et al. 1993 (cited in Knutson and Naef 1997; May 2002) Robison & Beschta 1990 (cited in Knutson and Naef 1997; May 2002) Van Sickle & Gregory 1990 (cited in City of Portland 2001; May 2002) McDade et aI. 1990 Murphy & Koski 1989 (cited in Knutson and Naef 1997; May 2002) Budd et aI1987 (cited in City of Portland 2001) Harmon et aI. 1986 (cited in Knutson and Naef 1997; May 2002) Bottom et aI. 1983 (cited in Knutson and Naef 1997; City of Portland 2001; May 2002) A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 I Notes Literature review; 1 SPTH 133-328 ft.) based on long term natural levels Forested wat~rsheds (forest practices);LWD Recruitment 1 SPTH (105-250 ft.) Literature review; LWD Recruitment 100-200 ft. Literature review; LWD Recruitment in western Oregon forests (1 SPTH=170 ft.) Forest ecosystem management; mature forest Multiple SPTH (1 SPTH =170ft.) may be required depending on site conditions for.naturatLWD recruitment Old growth forest in Pacific Northwest; 180 ft. L WD Recruitment optimal 150 ft. L WD Recruitment in old growth conifer forests in the Oregon Cascades 100 percent function (164 ft.) Natural conifer forests western Oregon and Washington; . 85% of naturally occurring LWD Recruitment (100%) 100-150 ft. Forestry /harvesting effects, Alaska streams in undisturbed old growth hemlock and S,titka spruce forests; Minimum of 100 ft. for natural LWD . . recruitment. Liter'arure review; LID Recruitment; Pacific Northwest (100-170 ft.) Comprehepsive study of the ecology of LWD (148 ft.) Instream habitat/LWD restoration study only (100 ft.) Page 26 I e e e e City of Renton Channel Migration Zone Literature Review Ir Citation IITLlL -k and Kennard 1998 Bank St~bi1ity/Erosion Control Literature Review I Citation Knutson and Naef 1997 Spence et al. 1996 Cederholm 1994 (cited in Knutson and Naef 1997). FEMAT 1993 (cited in King County 2002) Johnson and Ryba 1992 (cited in City of Portland 2001; Levitt 1998) Raleigh et aI1986 (cited in Knutson and Naef 1997) Organic Litter (leaf litter, pine combs and wood) I . Citation Spence et aL 1996 FEMAT 1993 (cited in King County 2002; City of Portland) Erman et al. 1977 A.C. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 I I Best Available Science Literature Review And Stream Buffer Recommendations Notes Forested watersheds (forest practices); 100-year flood plain Notes Erosion control, review ofJiteniture bUffer width of 100-125 ft. Literature review; forests of Western Oregon forests Buffer for bank stabilization 170 ft. Western Washington riparian systems; High mass wasting area buffer of 125 ft. Forest ecosystem management; mature forest; . . Bank stabilization riparian forest ecosystem 0.5 SPTH (100 ft.) Literature review; buffer recommended for channel morphology 65-100 ft. Bank erosion control buffer 100 ft. Notes Literature review (170 ft.) Forest ecosystem management; mature forest (0.5 SPTH=100 ft.) Literature review (100 ft.) Page 27 ----------------------------------~----------_---,------------------------------- City of Renton Pollutant RemovalfWater Quality Literature Review Citation GENERAL WATER QUALITY' Fischer et al. 2000 METRO 1997 (cited in City of Portland. 2001 Knutson and Naef 1997 FEMAT 1993 (cited in City of Portland 2001) Johnson and Ryba 1992 (cited in Knutson and Naef 1997; Levitt 1998) Budd et al. 1987 (cited in City of Portland 2001) NUTRIENT REMOV AljREGULATION May 2000 (cited in King County 2002) and 2002 Todd 2000 (cited in City of Portland 2001) Wenger 1999 Spence et al. 1996 Schultz et al. 1995 (cited in Knutson and Naef 1997; May 2002) Woodard and Rock 1995 Castelle et al. 1994 (cited in City of Portland 2001) Osborne and Kovacic 1993 (cited in May 2002) Madison et aL 1992 (cited in May 2002; Spence et al 1996) Petersen et aL 1992 (cited in Knutson and Naef 1997; cited in May 2002} Xu et al. 1992 (cited in May 2002; Spence et a11996) Terrell & Perfetti 1989 (cited in Knutson and Naef 1997; May 2002) Jones et al. 1988 (cited in Knutson and Naef 1997) Peteljolm and Correll 1984 (cited in May 2002) A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Best Available Science Literature Review And Stream Buffer Recommendations Notes Review of the literature; Improving or protecting water quality (33-100 ft.) Literature review (50-100 ft.) Literature review;p_ollutant removal (13-600 ft.) Forest'ecos'ystem management; mature forest; Maintain water quality (12-860 ft.) Literature review; maintain water quality (25-170 ft.) Literature Review (100 ft.); Pacific Northwest Literature review; 80% nutrient removal (13-860 ft., minimum 98 ft.) Multi-land use watersheds; nutrient removal (33-100 ft.) Literature review; N-Removal (50-100 ft.) Literature review; nutrient regulation (170 ft.) Nutrient removal in a multi-species riparian buffer strip (66 ft.) 100 % removal of TP from non-point residential construction runoff (50 ft) Literature'review; Filter metals and nutrients (100 ft.) 96% N removal (52 ft.) Vegetated filter strips (tillage and grass) 90-96% removal of N & P using VFS; 7-12% slopes (15-30 ft.) Minimum buffer width for effective P removal (33 ft.) 95% removal of N in mixed herbaceous and forested riparian buffer in North Carolina (33 ft.) Minimum width for effective nutrient removal in forested riparian areas (100 ft.) Natural riparian ecosystems; Nutrient and fecal coliform removal (100-141 ftl 73-84% P removal; 5% slope (VFS). Riparian forest treating an agricultural watershed (164 ft.) Page 28 e e e e . City of Renton SEDIMENT FILTRATION May 2000 (cited in King County 2002) and 2002 Knutson and Naef 1997 Cederholm 1994 (cited in May 2002) Desbonnet et al. 1994 (cited in May 2002) FEMAT 1993 (cited in King COUIity 2002; City of Portland) . Belt et al. 1992 (cited in Knutson and Naef 1997; May 2002) Johnson and Ryba 1992 (cited iIi. Knutson and Naef 1997; Levitt 1998) Terrell and Perfetti 1989 (cited in Knutson and Naef 1997; May 2002) Gilliam & Skaggs 1988 (cited in Knutson and Naef 1997; May 2002) . ,Budd et al. 1987 (cited in City of Portland 2001) IIVanderholm & Dickey 1978 (cited in May 2002) IVanderholm & Dickey 1978 (cited in May 2002) IIBroderson 1973 {cited in MaX 2002) .' A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Best Available Science Literature Review And Stream Buffer Recommendations I Literature review; 80% sediment removal (26-600 ft.). Review of literature (26-300 ft.) ~ Minimum to protect stream banks in high erosion or mass wasting areas (125 ft.) , . Coastal zone vegetative buffers. Optimum "sediment" removal (82 ft.) Forest ecosystem management; mature forest (200 ft.) 50% removal by riparian vegetation; control of non-channelized sediment flow I (200-300 ft.) Literature review; 90 % ~ediment removal at 2% grade (10-400 ft.) 80% sediment removal by vegetation (200 ft.) 50% removal by riparian vegetation (290 ft.) (100 ft.) . 80% TSS removal on a 0.5% slope (300 ft.) 80% TSS removal on a4% slope (860 ft.) 190% removal bX ri~arian veE/etation {200 ft.} I Page 29 City of Renton Microclimate Literature Review I Citation May 2000 (cited in King County 2002) and 2002 Pollock and Kennard, 1998 Brosofske et al. 1997 Knutson and Naef 1997 Spence et al. 1996 Chen et al. 1995 (cited in May 2002) FEMAT 1993 (City of Portland 2001; King County 2002; May 2002) Franklin and Forman 1987 (cited in Knutson and Naef 1997; May 2002) Harris 1984 (cited in Knutson and Naef 1997; May 2002) A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 I Best Available Science Literature Review And Stream Buffer Recommendations Notes Literature review; optimum long-term function (148-656 ft. or 328 ft. minimum) Forested watersheds (forest practices) (250 ft.) Forest/harvesting effects; Western Washington with 70-80% over story coverage (Douglas fir and western hemlock) (148 ft.) Review of literature (200-525 ft.) Literature'review; forests of Western Oregon forests (100 ft.) Riparian forest ecosystem (200-400 ft.) Forest ecosystem management; mature forest; Maintain natural riparian microclimate (0.5 to 3 SPTH=100-600 ft.) Riparian forest ecosystem (535 ft.) Riparian forest ecosystem (525 ft.) ----- Page 30 I i I I I , e I ! I I e e e City of Renton Temperature Literature Review Citation May 2000 (cited in King County 2002) and 2002 Knutson and Naef 1997 Brosofske et al. 1997 Spence et al. 1996 Murphy 1995 (cited in Spence et al. 1996) Castelle et al. 1994 (cited in City of Portland 2001) FEMAT 1993 (cited in King County 200; City of Portland 2001; May 2002) Johnson and Ryba 1992 (Cited in Knutson and Naef 1997; Levitt 1998; Spence et aI1996) Jones et al. 1988 (Cited in Knutson and Naef 1997; May 2002) Beschta et al. 1987 (also cited in Knutson and Naef 199~May2002;SpenceetaI1996) Corbett & Lynch 1985 (cited in May 2002; Knutson and Naef 1997) Lynch et al. 1985(cited in Knutson and Naef 1997; May 2002) Steinblums et al. 1984 (cited in May 2002; Knutson and Naef 1997) Hewlett & Fortson 1982 (cited in May 2002) Brazier and Brown 1973 (cited in Knutson and Naef 1997 and May 2002; Spence et a11996) A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Best Available Science Literature Review· And Streani. Buffer Recommendations Notes Literature Review; Adequate shade (36-141 ft.or minimum of 98 ft.) Literature review (35-151 ft.) . . Harvesting effects western Washington; Natural temperature regulation (148 ft.) Literature review; . Natural temperature and shading (Cascade and Coast range) (100 ft.) Shade:(100 ft.) Literature Review; Shade and water temperature (76 ft.) Forest ecosystem management; mature forest; Shade (100-150 ft.) Literature Review;· .. 50-100% shade (100 ft.) Urbanization effects; 80% shade (100-141 ft.) .. Forestry interactions/harvesting; Minimum shade to level of old growth forest (50-100%) shade (100 ft.) Municipal watersheds; 60-80% shade (39-100 ft.) Mature forested watersheds; 50-100% shade (100 ft.) 60-80% shade (75-92 ft.); 80% shade (151 ft.) 60-80% shade (50-100 ft.) Old growth stands conifer forests s. cascades and Oregon Coast range; 60-80% shade (35-125 ft.) .' Page 31 City of Renton Human Disturbance Literature Review Citation Schuler 1995 Cooke 1992 General Riparian Buffer Recommendations Stream Type General Headwater/ mid-section sh'eams General Perennial streams General General (Type 1 -Type 5) General General General General General General General • Fish bearing streams • Perennial (non-fish) • Intermittent General A.c. Kindig & Co. and Cedarock Consultants, Inc. DRAFT -February 27, 2003 Best Available Science Literature Review And Stream Buffer Recommendations Notes . Protects physical and ecological integrity (25 to 50 ft.) Mixed use residential; 50 ft. or greater buffers recommended to protect from human disturbance. Citation/Study Fischer et al. 2000 (50-325 ft.) Metro (OR) 1999 (150 ft.) Oregon Division of State Lands, 1998 (20-120 ft.) Pollock and Kennard 1998 (250 ft.) Metro (OR) 1997 (50-200 ft.) WDFW 2001 (Knutson and Naef 1997) (150-250 ft.) Johnson and Ryba 1992 (cited in Knutson and Naef 1997) (50-100 ft. to protect stream functions) May et al. 1997 (100-325 ftl Schueler 1995 (100 ft.) Castelle et al. 1994 (50-100 ftl Spence et al. 1996 (100-170 ft..) FEMAT 1993 (150-300 ftl U.S. Forest Service 1993; Reeves and Sedell1992 (cited in Knutson and Naef 1997) 2 SPTH (300 ft.); 1 SPTH (150 ft.); and 100 ft. Erman et al. 1977_(100 ft.) Page 32 e I e m Jones & Stol<es Memorandum ___________________ _ Date: July 13, 2004 To: Rebecca Lind, Principal Planner, City of Renton From: Lisa Grueter, Senior Planner Subject: Transmittal ofParametrix Review of Wetlands Regulations Introduction/Purpose This memo transmits Parametrix' s evaluation of Renton's wetland regulations for compliance with Growth Management Act best available science requirements. The purposes of the work program were to: • Review Best Available Science Documents from the State Department O'fEcology, State Department ofCornmunity, Trade, and Economic Development, and King County, as well as Available Data; and .' .. • Review Existing Regulations ~d Identify Recommendations. The recommendations are attached in a summary matrix format. For ease of review, Jones & Stokes has added row numbers. . Wetlands Location In 1991,the City inventoried and identified 32 wetlands, totaling approximately 367 acres withi~ theCi,ty limits. 'Within Renton's sphere of influence, approximately 67 wetlands, totaling 1,067 acres~ ':\TeTe identified. Wetland types found in Renton and its sphere of influence include bogs, emergent marshes, sirrub/s~rub, forested and old growth wetlands.' Most of the wetlands are adjacent to rivers and streams although other smaller'concentrations are found elsewhere. Most are located in the "Valley" area of Renton inside the City limits. 1 Wetland inventories have been updated in some portions of the City, such as through the City's 1997 Eastside Green River Wastershed Plan and Environmental Impact Statement. I Jones and Stokes Associates (June 1991). Critical Areas Inventory: City of Renton Wetlands and Stream Corridors. Prepared for the City of Renton, PlanninglBuilding/Public Works Department. Renton, Washington. 11820 Northup Way, Suite E300 • Bellevue, WA 98005-1946 • .tel. 425 822.1077 • fax 425822.1079 www.jonesandstokes.com Renton Wetlands Regulations History . ;;;7(;'1 i 1.,\ J n " -"·u./r/t In 1992 the City adopted wetland regulations. The City considered the use of DOE;s:}9QO Model Regulatio~s~ ~ w.ell as Ki.ng County's regul~tion~, ultimatelyado?tin~ a classifi~~tibf~a~:buffer system faIrly sImIlar to King County regulatIOns In effect at that tIme: In the Year 2000 the City's wetland regulations were integrated as part of a comprehensive critical areas ordinance. In 2000, following a public and agency review process consistent with the Growth Management Act, the City's wetlands regulations were modified. The key changes made at that time are summarized below: • Exemptions were added, deleted, and amended. •. Wetland delineation procedures recognized the 1997 Statewide manual. • Wetland classifications could result in dual ratings/classifications, using a State manual, rather than a single rating in all cases. • Buffer enhancement was added ~. a requir~ment for buffer averaging proposals . • ·Wetland enhancement in conjunction with wetland creation or restoration was newly allowed (enhancement as mitigation was not allowed previously). Parametrix Recommendations Parametrix has found that the City's wetland regulations are supported by current best avaiiable science for wetlands in Washington State. However, several recommendations are proposed that could be implemented as administrative rules (e.g. references to recommended scientific papers to help guide staff) or specific code revisions to improve or better document the City'S decision- making process. Parametrix's recommendations are attached. . Key Policy Issues .. . Specific amendments are proposed to the following sections ofthe Wetlands regulations: • Exemptions for small Category 2 and 3 wetlands -those ~at provide functions should not be exempt. • Exemptions for ongoing agriculture, vegetation management, stormwater management· . facilities in buffers,and trails and open space facilities in buffers should be amended to ensure deminimus impacts. -·A measure to enhance the City's classification system could be to reference or translate the State Department of Ecology's rating system to the City's (meaning identify how the State's four-way system translates to the City's three-way class system). However, at present, the City's wetland class system was found to be sound. ' 2 Washington State Department of Ecology (September 1990), Model Wetlands Protection,Ordinance~ Olympia, Washington, , . Jones & Stokes Transmittal ofParametrix Wetland Regulations July 13, 2004 2 .e • Wetland classification criteria relying on the County's 1991 inventory should be deleted. Vague tenns in the classification system should be amended (e.g. plant associations of infrequent occurrence and headwaters). • Wetland assessments should be required for proposals within300 feet of a wetland rather than 100 feet. This is because in some cases the City may wish to expand wetland buffers beyond standard requirements. • The City's standard buffers were found to meet best available science. It was recommended buffer size detenninations should document how best available science is met. A particular reference/method is s~ggested: The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000. This would be particularly appropriate for buffer reductions, buffer averaging, modifications, variances and similar actions. • Since the City's buffer averaging criteria include science based provisions (e.:g. variation in wetland sensitivity), it was recommended that reasonable use be removed as a criterion for buffer averaging. • Review criteria to expand buffers should be amended to remove vague tenns. • Definitions of restoration, creation,and enhancement as well as protection/maintenance should be revised to be consistent with State and Federal agencies. • Parametrix noted that the City may wish to allow enhancement alone as a mitigation option for certain lower quality wetlarids .. A City staffreview team reviewed this policy issue and recommends continuing with the requirement to allow for enhancement in conjunction With . wetland creation/restoration, given the City's policy to achieve no-net-Ioss of wetland acres as well as functions. • Enhancement criteria should be amended to allow some desirable changes in functions. • Off-site mitigation may be more 'desirable than on-site mitigation, and some criteria are proposed for amendment. As part of the City Review Team consideration, it was noted that the scientific citations included inthe Parametrix review are helpful. While it is possible to include these citations in an administrative rule, it was thought that it was unnecessary. The City has instituted 'it third-party review which should allow for appropriate preparation of wetland assessments and mitigation plans. In 'any case the Parametrix report will be made available to staff. The attached memo and matrix elaborate on the above summary of amendments. Jones & Stokes Transmittal of Parametrix Wetland Regulations July 13, 2004 3 MERCER Renton Municipal Code _ Wetlands ~ Creeks ~ Rivers City BoundaIy r~~~J Lakes - - -Municipality Boundaries Renton Wetlands For R.eference Only 1 Inch -1 Mile I ' ! Parametrix ENGINEERING • PLANNING. ENVIRONMI!NTJI,L SCIENCI!S 5808 lAKE WASHINGTON BLVD. NE. SUITE 200 KIRKLAND. WASHINGTON 98033-7350 T.425. 822.8880 F. 425.889.8808 www.panmettix.com M E M 0 RAN DUM" Date: June 28, 2004 To: Lisa Grueter Jones and Stokes .From: Jim Kelley, Ph.D. Subject: Best Available Science Ordinance Review cc: Andy Kindig Project Number: Project Name: City of Renton Ordinance Review This memorandum addresses a review of Best Available Science (BAS) for wetlands within the City of Renton to assist the City in complying with Growth Management Act requirements and guidelin~s. The overall goal of the Best Available Science Review is to comply with the procedural rule (WAC 365-195- (900 to 925) to consider Best Available Science in developing critical area regulations. The evaluation consider~d whether: "" " • Existing wetland regulatioris are consistent with the BAS. • Existing regulations adequately protect the functions and values provided by wetlands within the City of Renton. " The review of the above issues was largely based on BAS standards and justifications for wetlands identified in: • Freshwater Wetlands in Washington State Volume I: A synthesis of the Science, Ecology 2003 • Washington State Wetland Rating System for Westem Washington Revised Draft, Ecology 2004 ". Guidance on Wetland Mitigation in Washington State, Ecology et. al. 2004 My analysis is summarized in the attached table. As documented in the tabie, in general, the City's ordinance is-supported by current BAS for wetlands in Washington State. However, I have made several recommendations that can be implemented as administrative rules or code revisions to improve or better document the City's decision-making process. City of Renton -Critical Areas Review-Wetlands [Draft] J of J 2 June 28, 2004 _________________________________ 1 ________________ • __________________________________ .... City of Renton -Wetlands Critical Area Ordinance Review for Best Available Science # , 1. 2. Wetland Issue Applicability , and Exemptions Relation to City Code , Section C and M(1) of the City Code allows exemptions to Category 2 .. wetlands less than 2,200 ft and ' Category 3 wetlands less than 5,000 ft2 Evaluation in Consideration of Best Available Science Several scientific studies have demonstrated that some small wetlands can provide important wetland functions (see Freshwater Wetlands in Washington State Volume I: A synthesis of the Science, !=cology 2003). Thus, exemptions of all small wetlands, as currently provided in the code, may not be consistent with best available science. However, studies of the 'functions of small (2,200-5,000 fe) wetlands are limited and detailed , investigations have not been completed in Washington State or Renton. ' Since many small wetlands lack the characteristics of those examined in scientific study, and are often highly modified, many of them may not provide significant wetland functions. A qualified biologist should review the environmental condition of each small wetland proposed for alteration. The biologist should determine if the small wetland(s) are providing substantial wetland functions. Wetlands that are determined to be providing substantial functions should be subject to further regulation. Exemptions are warranted where small wetlands are determined to provide no wetland functions or insignificant wetland functions. . ' ...................................................................................................................................................................................................................................................................................................................................................................................... The City's Code (Section C(5» identifies Activities that are exempt from Critical Areas regulation in the City's exempt activities that are permitted ordinance are activities that are typically recognized as resulting in no or within wetlands and associated buffers. "de minimus" wetland impacts. These activities typically do not physically These activities include: alter the condition of wetlands or buffers in a manner that affects function a. Conservation Enhancement or reduces wetland area. Where temporary wetland or buffer modifications Education and Related Activitie~ may occur (i.e. for utility installation or repair) mitigation to include , restoration of disturbed areas is required, b. Research and Site Investigations c. Agriculturai, Harvesting,' and Vegetation Management d. Surface Water e. ,Roads, Parks, Public Utiliti~s f. Wetland Disturbance, Modification, , and Removal ' Several modifications are recommended where the existing exemptions could result in impacts that exceed the "de minimus" threshold. These recommendations are: Exemption c (ii) addresses ongoing agriculture in wetlands and states that: "Operations cease to be ongoing when the area on which it was conducted has been converted to another use or it has laid idle so long that modifications to the hydrological regime are necessary to resume , operations·. I suggest rewriting this to read: "Operations cease to be .g. Maintenance and Construction -ongoing when the area on which it was conducted has been converted to Existing Uses another use or it has laid idle so long that modifications to the hydrological h. Emergency Activities ' ,regime or the removal of native vegetation are necessary to resume -------~-...... ~ ............................... : ................................................... ~ ....... _ ........ ~ ............... , ........... g,.I?~r.~!.i.!?nf.:.; .. I.~.i.~ .. 9.~.~.~9~ .. ~q~~ .. ~.~.~.':!.r.~ .. !b.~.t!Qn.9 .. ~!?~!).g.!?.Q~~ .. ~.9.r.!.~~!.~.~r.~L; .... .. City of Renton -,critical Areas Review-Wetlands [Draft] Parametrix. Inc. , ',20f 12 June 28. 2004 e e City of Renton -Wetlands Critical Area Ordinance Review for Best Available Science # Wetland Issue Relation to City Code ' ' ... Evaluatlon In Consideration of Best Available Science 3. 4. 5. Classification I Rating System · lands are not cleared of native plants, which may be providing habitat or other functions. · Exemption c (iii), e, and h(ii) address limited removal of hazardous trees or removal of other vegetation. Where feasible, the cutting of hazard trees or other woody vegetation should be accomplished such that trees will be retained in the wetland or buffer, where feasible. Limits to vegetation removal e(5) should also be expanded to permit the removal of non-native invasive vegetation or weeds listed by the King ........................................................................................................................................... ~.~.~~~~ ... ~~~~~~~ .. ~::.~ .. ~~~~~_.~~~~he.~.~.~~:~~~_:~! ... ~g:_~~¥.: ....... _ ............................. _ ........ _ .. . The City's Code (Section C(7» identifies exempt activities that are permitted within wetland buffers. These include: a(i) Trails arid Open Space Activities in wetland buffers that are exempt from Critical Areas regulation · in the City's ordinance are activities that are typically recognized as resulting in no or "de minimus" wetland buffer impacts. These activities typically do not physically alter the condition of wetlands or buffers in a manner that affects function or reduces buffer area. a(ii) Stormwater Management Facilities ., . . . . . The follOWing modifications are recommended where the eXisting Section M. (1)a of the City Code provides' a wetl?lnd classification system for rating wetlands and for (in pact) determining the regulatory standards that apply to them. The system est.ablishes 3 categorie~ .of wetlands. exemptions could result in impacts that exceed the "de minimus" threshold. These are: ,a(i)(3) where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required. . · a(ii) storm water management facilities located in wetland buffers should require buffer enhancement or buffer averaging when they are sited in areas of forest vegetation. , The City's rating system provides objective criteria that have been routinely · inqdrporated into wetland classification and evaluation criteria in the Puget · SoiJnd region to differentiate between higher and lower quality wetlands. The rating criteria are especially useful in Identifying wetlands with higher 81")d lower wildlife habitat functions (see Methods for Assessing Wetland . ... Functions Volume I: Riverene and depressional wetlands in the Lowlands · of Western Washington, Ecology 1999). " ......................................................................................................................................................................................................................................... _ ........................................................... -.......................................................................... . The City's rating system differs from. current and proposed Ecology or other guidance. . , Other rating systems (Washington State Wetland Rating System for ··Western Washington, Ecology 1993 and Washington State Wetland Rating System for Western Washington Revised Draft, Ecology 2004) use a 4- tiered approach for determining wetland categories that Ecology considers Best Available Science. The criteria used in establishing these categories ---------................................... : ...................................................................................................... y.~!:Y. ... ~n9. .. ~r.~ .. ~.!:?r.~ .. r.!.~.!n.~I9..~.~ .. !~.~.~..!bg.~~£.9.n~.!9.~r.~9. .. ~.y...!.~.~ .. 9.!!Y..:~ ... ~!:?9.~.: ................ .. , . City o/Renton -Critical Areas Review-Wetlands [Draft] Parametrix, Inc. 30/12 June 28,2004 e e e e City of Renton -Wetlands Critical Area Ordinance Review 'for Best Available Science # Wetland Issue Relation to City Code Evaluation In Consideration of Best Available Sch~nce The revised draft Ecology approach has the benefit of documenting all wetland functions as a factor in rating wetlands. It is appropriate that a rating system, such as the City's system, that covers just a few square miles of relatively homogeneous lands does not fully . mirror the system that Ecology has developed for all of Western Washington State. The variability in wetlands throughout western Washington is much broader than that found in Renton, and therefore, more wetland categories may be needed to reflect that variability in a wetland rating system. For most situations, the Renton system and Ecology's 1993 system compare as follows: . Renton Category Ecology Category 1 I 2 3 II and III IV The 2004 revised Ecology rating system appears to be a quantitative and . objective; however, like other systems, the assessment is based on broad generalizations and judgments that are ultimately based on limited data and many assumptions. The limited data and many assumptions mayor may not hold for local conditions within the City of Renton. The City's system provides for substantial differentiation -of iNetfand types that are present in.the local area. The Renton ordinance uses site-specific - wetland information, site-specific ecological evaluations, other available tool~ (inventory and functional assessment models), and professional judgments to characterize how a specific development project may impact all wetland functions. Based on this analysis, a no net loss (both area and . function) standard' is applied. Because of this comprehensive approach to protecting wetlands, a detailed and comprehensive rating system would not improve the wetland protections provided by the City's Code. A potential benefit to the, proposed Ecology system is that it documents that all key wetiand functions have been considered early on in any wetland 'eva.luation, whereas the City's current classification is largely focused on habitat functions. The Ecology 2004 :system (currently in draft) could be incorporated into the City's code, as indicated in the above table. ---------' ................ , ...... -.......................................... , ........................................ , ..................................................................................................................................................................................................................................................................... .. City of Renton -Critical Areas Review-Wetlands {Draft] Parametrix, Inc. 40f12 June 28, 2004 City of Renton -Wetlands Critical Area Ordinance, Review for Best Available Science # 6, 7. Wetland Issue Relation to City Code . Evaluation In Consideration of Best Available Science Portions 'of Section M(1 )arely on King It may be desirable to break ranks with King County's system. The rating County's wetland inventory of 1991 ,or' 'system is currently undergoing County review and revision, and is likely to as amended. . differ from the City's system . ................................................................................................................................................................................................................................................... __ ........................................... _-_ .............................................. _ .................... .. Portions of Section M(1)a rely on vague Terms in the existing classification section that are vague and/or or undefined terms.' 'ambiguous include ·plant associations of infrequent occurrence" and "plant .associations at the geographic limits of their occurrence". Different " biologists could define each of these terms variously, and a comprehensive list of these features for King County or Washington State that can be readily integrated into this ordinance is not available. As a result, these terms create uncertainty in how some wetlands may be regulated. , A wetland in the "headwater of a watercolirse" appears to refer to a A wetland with a perennial or seasonal outflow channel, but with no defined - 8. Identification and Delineation Section M(1)c and M(4) of the City's Code requires use of the Washington State Wetlands Identification and Delineation Manual, Ecology 1997. " ~. influent channel. This manual is consistent with federal wetland delineation procedures, and is considered best available science for identifying wetlands and wetland boundaries. The Renton Municipal Code 4-8-120.023 provides criteria for wetland delineation reports. These criteria are sufficient to provide the City with the information needed to make decisions regarding the location and ' types of wetlands on a project site. Item h of the delineation report criteria should be modified to include a requirement to identify the direct and " ,indirect impacts of the project to wetland area and wetland functions. In some situations, wetlands edges may be poorly defined and difficult to • establish. In these circumstances, additional information may be useful in reaching a scientifically defensible determination of a wetland edge. These include: National Academy of Sciences. 1995. Wetlands: Characteristics and Boundaries. National Research Council. Richardson, J. and M. Verpraskas. 2001. Wetland soils. Lewis Publishers, Boca Raton, Florida. Nationa.l Resources Conservation Service. 2002. Field Indicators of Hydric Soils in the United States, Version 5.0. NRCS in cooperation with the National Technical Committee for Hydric Soils, Fort Worth, TX. 9. Approval Standards - Minimization and Compensation of " These measures establish a high standard for approving and mitigation for Impacts -Section M(2) a, b, and c wetland impacts. They are consistent with best available science that _________ .... ~.~!~.~.!!.~.~ .. r~g~.!r.~.!n.~!.!!~ .. r.~.g.!:!.!r.~_~ .. _ ..... _ .. _ ... _ ..... __ .:~~~!~.9..!£~.~.~ ... !:!!.!9.~.~~.!!.!~y. ... ~~.~5?9.~~~d ~.!th !!l!~.9.~!!.9..~~~~_g5?p.I.?~!.!.~~.~!~.W. .. !~L .............. _ .. .. 'City of Renton -Critical Areas Review-Wetlands [Draft] . Parametrix, Inc. 5 of 12 ' June 28, 2004 e e e City of Renton..,. Wetlands Critical Area Ordinance' Review' for Best Available Science # Wetland Issue Relation to City Code affirmative actions to minimize and , compensate for unavoidable wetland impacts. A compensation standard of no net loss of wetland area or function, by , drainage basin, is established. . ' Evaluation In Consideration of Best Available Science Wetland Losses Under the Clean Water Act, National Research Council 2001; Washington State Wetland Mitigation Evaluation Study Phase 1, Ecology 2000 and Washington State Wetland Mitigation Evaluation Study Phase 2, Ecology 2001. ' Renton Municipal Code 4-8-120.023 provides criteria for wetland mitigation plans. These criteria are sufficient to provide the City with the information ',' , ' , needed to evaluate mitigation proposals . ..........................................•................................................•..............................•..............•............................................................................................................................................... : ............................................................................................ . 10. Assessing Wetland Functions -Section M(2) (and other subsections) consider wetland functions and values as criteria for permit approval. Approaches to assessing wetland .functions should rely on scientific and 'accepted agency methods. They should include evaluation of and application of relevant scientific literature and professional judgments , where more generalized assessment methods are not applicable. Special considerations must be given to the habitat requirements of the specific wetland dependent wildlife species or groups that occur or are likely to , occur on the site because wildlife functions are often most sensitive to , wetland mitigation and buffer protection decisions. For some projects, hydrologic studies and stormwater management analysis will provide additional information regarding the potential hydrologic and water quality functions of wetlands on or near the project site. ' The following documents should be considered when making functions and , values assessments:' , Hruby, T. 1999. Assessments of Wetland Functions: What They Are and What They Are Not. Environmental Management. 23: 1. Washington Department of Ecology. 2000. Methods for Assessing Wetland Functions -Volume I: Riverine and Depressional Wetlands in the Lowlands of Puget Sound.' , ODSL (Oregon Division of State Lands). 2001. Guidebook for Hydrogeomorphic (HGM)-based Assessment of Oregon Wetland and Riparian Sites I. Willamette Valley Eco-region Riverene Impounding and Slope/Flats Subclasses Volume IA: Assessment Methods. Oregon Division of State Lands, Salem, Oregon. ' Johnson, H. and T. O'Neil. 2000. Wildlife-Habitat Relationships in Oregon and Washington. Oregon State University Press, Corvallis, Oregon. Washington State Department of Transportation. 2000. Wetland _________ ', ........................... , ............................................................... , .................. , ........................... E.!!~gt.!.Qt!.~ ... 9..~.~!.~.~t.~.r.!.~~t.!.Q!.!. .. T.Q2UQ!. .. ~!~.~.~.r. .. e!.~j~E~~: ... E,I];Y.,!~.9.,I];,f!!,~~,~~,! .. Aff~,!~,~ ........ .. City of Renton -Critical Areas Review-Wetlands [Draft] 'Parametrix, Inc. 60f12 June 28, 2004 '. . . City of Renton -Wetlands Critical Area Ordinance Review for Best Available Science # 11. 12. Wetland Issue Relation to City Code .. Evaluation In Consideration of Best Available Science· Office, Olympia Washington . ACOE (U.S. Army Corps of Engineers, New England District). 1995. . Highway Methodology Workbook: Supplement to Wetland Functions and ............................................................. ~ .. : ... : ..................................................... ; ... ; ............ y~~~.~~ .. /~ .. !?~~~~i.~.~.~y..~ .. ~~~E~~.~~.:.. ... ~.?~~?.~.~ ... ~~~~~.~~~~.~~~~.: .......................................................... . Assessing Wetland Impacts -Section M(2) (and other subsections) consider· wetland and buffer impacts as criteria for permit approval. The City's requirement of basing wetland evaluations avoidance, ,minimization, and compensation for wetland impacts is sound. A wetland impact analysis should be completed that considers both direct impacts to wetlands (e.g. filling, clearing, etc.) and less direct alterations (e.g. modifications to buffers, hydrology, water quality, or landscape conditions), and Included in wetland reports. A general treatment of wetland potential· wetland Impacts is discussed in Freshwater Wetlands in Washington State Volume I: A synthesis of the Science (Ecology 2003). Site-specific evaluations should be performed by identifying the ecological characteristics of the wetland (including its adjacent area) that may change due to the project and then by evaluating how these changes may impact ................................ : ............ ; ....... ; ................................................................ ;--............. ~.:~!.~.~.~ .. !~~ .. ~!?~.~ ........................................ _._-...................... _._ ...................... _ ........................................................... ~ .......... . Planning Wetland Mitigation -Section The City's code provides for the planning and implementation of mitigation· M(2) (and other subsections) consider following current agency guidelines and recommendations. These wetland mitigation as criteria for permit . guidelines address wetland function assessment, setting goals and approval.· . objectives, site selection, site design and construction, and developing . conceptual and final mitigation plan. Monitoring during and following installation of mitigation is necessary to assure that mitigations are installed properly and ultimately meet performance criteria. Relevant documents to consider in planning mitigation include: G~idance on Wetland Mitigation in Washington State, Ecologyet. al. 2004 e Washington Department of Ecology. 1994. Guidelines for Developing .. Freshwater Wetlands Mitigation Plans and Proposals. .. City of Renton -Critical Areas Review-Wetlands {Draft] Parametrix, Inc. National Research Council. 2001. Compensating for Wetland Losses . Under the Clean Water Act. National Academy Press; Washington, D.C. National Research Council. 1996. Guidelines for the Development of Wetland Replacement Areas. Transportation Research Board, Report 379. Washington Department of Ecology. 2000. Washington State Wetland Mitigation Evaluation Study, Phase 1: Compliance. Washington Department of Ecology. 2002. Washington State Wetland Mitigation Evaluation Study~ Phase 2, Evaluating Success. 70f12 June 28, 2004 e e· City of Renton -Wetlands Critical Area Ordinance Review for. Best Available Science # Wetland Issue Relation to City Code Evaluation In Consideration of B.est Available Science 13. Required Studies . 14. Wetland . Buffers Section M(3) specifies studies be completed to classify and delineate wetlands. . Washington Department of Ecology. 1992. Wetland Mitigation Replacement Ratios: Defining Equivalency. .. Washington State Department of Transportation. 1999. Success Standards for Wetland Mitigation Projects-A Guideline. Classifications a~e r4;lquired when the project area or subject property is within 100-feet of a wetland. This provision is to ensure that potential impacts to protective wetland buffers l;Ire recognized and evaluated during the review process. However, the 100-foot threshold is not consistent with other sections of the ordinance (i.e. Section M(6)d) which may require protective buffers in excess of 100-feet. The threshold for evaluation and study should be increased to 300 feet to match the Department of . Ecology's recommended buffers for Category I wetlands .. This approach _ will ensure that all potential impacts to nearby wetlands and buffers are evaluated. Section M(6)c of the City's Code Best available science demonstrates that buffers are required to protect establishes standard buffers as follows: . wetland functions. Generally, buffers should be established so adjacent development will not adversely impact the functions and values provided by the wetland, and the City'sordinance, as currently written provides this protection. The City's standard buffer r~qyirements provide substantial protection to all wetland functions, as documented in Freshwater Wetlands . in.Washington State Volume I: A synthesis of the Science (Ecology 2003, . Wetland Category Standard Buffer see Chapter 5). . . · Science-based evaluations of buffer requirements are not available for all wetland conditions and all adjacent land uses. Therefore .. most wetland . regulations make provisions for adjusting standard buffer guidelines (see · Freshwater Wetlands in Washington State Volume I: A synthesis of the . 1 -Very High Quality 100 feet Science and The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000). Further, existing buffer evaluations that are cited in Ecology's (2004) review have not considered thewide range of water quality and water quantity protections that existing stormwater management and site development ordinances provide to .. wetlands. Generally, wetland buffers are not expected to control water 2 -HIgh Quahty 50 feet quality (i.e. remove sediments, nutrients, and potentially toxic compounds) because City code-requires storm water management facilities that are · designed to perform these functions. . Therefore, the primary need for wetlal1d buffers is to protect the wildlife ____ -'--_-.,-__ ................................................. : ............. : ............. .-.; ............... ~ ...... : ............................... ...f.~.Q~~.!2~.~.~2f. .. ~~.~!.~~.9.~..f2r..~.~f!.~.Q.9 .. 9.~.P.~n.9.~!].~ .. ~P~~!~~.: ..... ~.92!g.9.Y. .. (P§l.9.~ ... ?7.~.?..!... ... , 3 -Lower Quality 25 feet City of Renton -Critical Areas Review-Wetlands {Draft] 8 of 12 June 28, 2004· Parametrix, Inc. City of Renton -Wetlands Critical Area Ordinance Review for Best Available Science # Wetland Issue Relation to City Code Evaluation In Consideration of Best Available Science .. 2004) states that "th ere is no· simple generalized answer for what constitutes an effective buffer width for wildlife considerations. The width of . the buffer is dependent upon the species in question and its life-history needs, whether the goal is to maintain connectivity of habitats across a 3 _ Lower Quality 25 feet' ~andscape, or whe.ther. on~ is simply trying .to screen wild/~fe fro,!, hu~an _____ --'!:._-z----'-___ -------.--, mteractlons." BasIc criteria recognized as Important considerations In These standardbuffers.can be increased or decreased, based on . ,determining the width of a buffer are: factors identified in Sections M(6)d or e . ". _ the value of the aquatic resource to be protected by the buffer; -the characteristics of the aquatic resource in question, of the watershed a contributing to the aquatic resource, and of the buffer itself; • -the intensity of the existing adjacent land use (or proposed land use); and -the specific functions that the buffer is to provide, especially the life- history needs of wildlife using the adjacent wetland. For the City of Renton, consideration of the general land uses, watershed conditions, wetland habitat conditions, and high levels of habitat fragmentation that are present restricts many highly sensitive wildlife species from using many wetlands in the City. Therefore, to assure that existing wildlife uses are maintained, wetlands in the City will often not require the level of buffer protectio'n identified by Ecology. McMillian (2000) identifies the value of site specific buffer determinations , that that allow consideration of detailed site specific information relevant . buffer needs and effectiveness. This general approach is currently used by the City, and it is protective of wetlands and wetland functions. . Currently, it appears that reviews for buffer adequacy may not be fully documented. A site-specific evaluation and documentation approach similar to that presented in McMillian(2000) could be implemented to improve the decision-making process that Renton uses for determining the appropriate buffer width for specific projects and wetlands. This improved evaluation approach would help document how each buffer determination " reflects BAS. 15. Section M(6)d(i) identifies the potential" '. The determination of buffer sizes required to support "viable populations" of ", .. !:!.~~~.!9.r .. !.§!.f.9.~.f. .. ~.~ff.~.f.~J9. ... ~!:!P"P.Q.~_~'y'.~.~.~~._..:_.~.~!!.~n.Q .. ~~p..~r.!.Q.~.~! .. ~!.!~!.!f~.l.~ .. g.~n.~.f.~.!!Y. .. r.!.Q.~ .. p..f.§!.~~.~_~~.!~.: .... !.~~ .. ~.§!.~.!!~.! .. ~.f.~.§!{~J.. ... City of Renton -Critical Areas Review-Wetlands {Draft] 90f12 June 28, 2004 Parametrix, Inc. . e It e City of Renton -Wetlands Critical Area Ordinance Review for Best Available Science # Wetland Issue Relation to City Code populations of existing species" Evaluation In Consideration of Best Available Science and condition(s) required to maintain viable populations are generally not known, nor readily determined. These determinations are confounded . because many species of wildlife are mobile and use a variety of wetland and non-wetland habitats (often in non-contiguous areas) to meet their life history needs. . . . A more general approach to meeting the intent of this requirement is recommended. Theterm "viable populati9ns of' could be replaced with "use by" 9r "habitat conditions for". Analysis of wildlife habitats shOUld be largely based on species-specific scientific literature and other sources. The following summarize requirements for wildlife species in Washington: Johnson, H., and T. O'Neil. 2000. Wildlife-Habitat Relationships in Oregon and Washington. Oregon State University Press, Corvallis, Oregon. . Brown, E. R 1985. Management of Wildlife and Fish Habitats in Forests of Western Oregon and Washington. U.S. Forest Service, Portland, OR ....................................................................................................................................................................................................................................................................................................................................................................................... 16. . 17. Wetland Mitigation . Section M(6)f i-vi identify criteria for buffer width averaging. Criteria iii specifies that buffer averaging must not adversely impact wetland functions and values Section M(10) addresses wetland mitigation. City of Renton -Critical Areas Review-Wetlands [Draft] Parametrix, Inc. . Criteria ii and iii seem to be the key science based criteria that must be met. If these criteria are met, it is unclear why an additional demonstration of reasonable use, is required. Buffers of wetland mitigation sites should generally be established as necessary to protect the identified functions of the mitigation. Where impacted wetlands currently lack adequate buffers, case-by-case determinations on the buffers appropriate for mitigation sites may be warranted. . The wetland mitigation standards and approach are protective, and conform with most BAS recommendations. For reasons of consistency, the City may want to revise definitions of wetland mitigation to conform to current definitions used by state and federal agencies. These are: Restoration: the manipulation of the phYSical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions' to former or degraded wetland. For the purpose of tracking net gains in Wetland acres, restoration is divided into: Re-establishment: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres. 100/12 June28, 2004 -------------------------------------------------------------------------------------- City of R~nton -Wetlands Critical Area Ordinance Review for. Best Available Science # Wetland Issue 18. Wetland Enhancement 19. Relation to City Code Section M(12)a identifies that enhancement activities are only allowed in conjunction with proposals to restore or create a wetland. Evaluation In Consideration of Best Available Science . Rehabilitation: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions of degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland acres. Creation (or Establishment): the manipulation of the physical, chemical, or biological characteristics present to develop a wetland that did not 'previously exist on an upland or deepwater site. Establishment results in a • gain in wetland acres. Enhancement: the manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site the heighten, intensify, or improve specific function(s) or for a purpose such as water quality improvement, flood water retention or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland function, but does not result in a gain in wetland acres. This term includes activities commonly associated with the terms enhancement, management, manipulation, directed alteration. Protection/Maintenance: the removal of a threat to, or preventing decline of, wetland conditions be an action in of near a wetland. Includes purchase of land or easement, repairing water control structures or fences, or structural protection such as repairing a barrier island. This term also includes activities commonly associated with the term preservation. Protection/Maintenance does not result in a gain of wetland acres or function . . The City's Code is protective by limiting the use of enhancement to ensure no net loss of wetland area. In some cases (for example where small wetland fragments are determined to provide low levels of function, enhancement activities alone may be suitable mitigation. There may be cases where functional losses to certain lower quality wetlands can be fully mitigated by enhancement proposals, as suggested by current and· proposed federal and state guidance . .................................................................................................................................................................................................................................................. -............................................................................. __ ........................................... . Section M(12)b identifies evaluation The, City's Code is protective by limiting the use of enhancement to ensure criteria for enhancement that require the no net loss of wetland area. However, when evaluated in detail and ona . proposed enhancement of function not .. case-by-case basis, there may be desirable changes in wetland functions degrade another function. that can best be accomplished by enhancement. For example, it may be desirable to plant an emergent wetland pasture that provides function to over-wintering waterfowl with native forest vegetation to improve various functions, including native wildlife. Technically, this "degrades" habitat for City of Renton -Critical Areas Review-Wetlands {Draft] . Parametrix, Inc. II of12 June 28, 2004 e e ""', (<<I e e City of Renton -Wetlands Critical Area Ordinance Review for Best Available Science # Wetland Issue . Relation to City Code 20. Off-site Compensation Section M(14)a identifies restrictions on when off-site cO!Ylpensation is an acceptable option. City of Renton -Critical Areas Review-Wetlands {Draft] Parametrix, Inc. Evaluation In Consideration of Best Available Science waterfowl but overall, it results in wetlands that provide higher function to a . wider variety of wildlife species .. Current scientific evaluations of wetland mitigation approaches suggest that off-site mitigation should be more widely encouraged in order to increase the success of wetland mitigation and to increase the overall function of mitigation sites (see Guidance on Wetland Mitigation in ,Washington$tate, Ecologyet.a!. 2004). Therefore, criteria iv should be' revised to indicate that "the proposed wetland functions at the mitigation site are significantly greater than the wetland functions that could be reasonably achieved with on-site mitigation". 12 of 12 June ·28, 2004 NT PLANNING DEVEL9!'Mo~ RENTON CII' '. : jUL 0 8 200Jt , RECEIVED • Memorandum ___________________ _ Date: July 13,2004 To: Rebecca Lind, Principal Planner, City of Renton From: Lisa Grueter, Senior Planner , '. Subject: Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard,. and Habitat Conservation Regulations to State Example Critical Areas Code INTRODUCTION/PURPOSE The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, and pn;>tecting environmentally sensitive areas, among other goals (RCW 36.70A.020). GMA requires protection of wetlands, aquifer recharge areas used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas (RCW . 36.70A.030). Sinc~ the original GMA was instituted in 1991, GMA has been amended ~ith respect to critical areas, particuiarlyto require the use, of "best available science" in criticaJ. area policies and regulations and consideration of anadromous fish species. . Partly in response to GMA, the City of Renton adopted Critical Area Regulations between 1.989 and 2000. The City regulations currently address: •. Aquifer Protection Areas • Geologically Hazardous Areas • Habitat Conservation Areas • . Frequently F1oo~ed Areas; and • Wetlands The City Critical Area Regulations "reserve" a section to address the protection of streams and lakes, which otherwise are minimally addressed in the City's Tree Cutting and Land Clearing regulations (25 foot setback from waterbodies). Given the status of the stream regulations, the focus of the City's efforts to comply with the GMA best available science provisions relates to streams, and a series of recommendations by the consultant team are found under separate cover. However, to document the City'S compliance with best available science for the remaining GMA critical area topics and effectively use the City's resources, the consultant team has prepared more limited scope reviews and evaluations. These limited scope reviews include an evaluation of wetland regulations 11820 Northup Way,Suite E300 • Bellevue, WA 98005-1946· tel. 425 822.1077 • fax 425822.1079 www.jonesandsto~es.com . 'r~': :lw",~~,~,~ i·; ~ ,'1';til .l, , . . . .J ! , .•. f.", ·,U~!·I In available under separate cover, as well as a comparison of the City's aquifer,f1~(;d"hai'~fd;j .,' geologic hazard, and habitat conservation regulations and the State DepartmehiiofCdmrtnmity Development's Example Code contained iri this memo. . . ,~ ~. . . ~.::, ~'iJI='!:);?~4 An overview of the overall work program, definitions of best available science, and sunimanes of case law is provided under separate cover in separate memos . . OVERVIEW KEY POLICY ISSUES: AQUIFER, FLOOD HAZARD, GEOLOGIC HAZARD AND HABITAT CONSERVATION REGULATIONS Based on a comparison of the State Example Code and'City'Critical Area Regulations for aquifer protection areas, flood hazards, geologic hazards, and habitat conservation, the City's regulations address similar purposes/intents and have similar standards to the State Example Code, while being tailored to the City's environm~ntal and regulatory context. We note some differences that are generally minor, and we provide some suggestions to strengthen the City's regulations for these critical areas. . The subject critical areas and the City's procedures are addressed individually'in remaining sections of this document: 1. Aquifer Protection Areas ......................................................... : ............................................... 5 2. Flood Hazard Regulations .... ; ..................... ~ ......... · ................................................................... 10 3. Geologic Hazards ....................................................................................... , ........................... 14 4 .. Habitat Conservation .......................................................................................... : ................... 21 5. Critical Areas Regulations Procedures .~ ............................................................. ~ ................. 24 For each critical area topic we describe: .' • The critical area's location • Studies used by the City to formulate their current regulations • State agency input, prior or current • Comparison with the state DCTED example code • City policy considerations • Recommendations A summary of the recommendations is provided below. Summary of Recommendations • Aquifer Protection Areas: . The City's regulations are similar to the State Example Code in intent, and are tailored to the City's critical aquifers. A minor amendment to replace the aquifer protection zone map in RMC Figure 4-3-050Ql with map patterns that better distinguish between Zone 1 Modified and Zone 2 is proposed. It would not change the areas regulated by each zone, nor the aquifer regulations. A discretionary code amendment could be included to allow the City to require a hydrogeologic assessmen(if a proposal has a potential to significantly affect groundwater quantity or quality. Other amendments or added regulations are not recommended. Comparison of Selected City Critical Area Regulations to State Example Code July 13,2004 2 ,r • Flood Hazard Regulations: The City's flood hazard regulations are similar to Federal and State model regulations. It is recommended that the City continue with its Flood Hazard regulations with the following adjustments: o Add the State DOE requested amendments to address updates to the Federal/State Model Flood Damage Prevention Ordinance, or to address other clarifications, in order to maintain flood insurance eligibility (listed in Section 2). o Where appropriate, require projection of future flow conditions for development in unmapped areas or for bridge construction proposals. • Geologic Hazards: o The City's geologic hazard regulations compare favorably to the State Example Code. Minor recommendations regarding adding general performance standards and requiring peer review of geotechnical reports for critical facilities in geologic hazard areas are suggested in Section 3. _ o A more significant difference between the State Example Code and City regulations relates to volcanic hazard areas, which are not addressed in Renton's regulations. The USGS has identified a potential volcanic hazard impact related to inundation from the Green River due to lahar sedimentation. It is recommended that critical facilities in such areas be required to analyze potential impacts due to inundation from lahar sedimentation and to provide emergency management plans. These facilities would already be submitting other critical area reports and procedural complications are not anticipated. See Section 3. • Habitat Conservation: The City regulations provide a-comparable review process for habitat conservation areas. Minor recommendations to enhance regulations are suggested to reference State standards for bald eagles, and to clarify that activities adjacent/abutting to designated habitat conservation areas may be regulated. . • Critical Areas Regulations Procedures: The City's procedures provide for structured review of development applications and determination of appropriate conditions. To meet Washington Administrative Code rules that direct the City to consider best available science wherevanations to regulations are proposed, to address common performance standards, and to clarify the application of regulations, some amendments are recommended below. o It is recommended that the City amend/clarify that applicants are responsible for other Agency permits. o The City should include best available science review criteria for administrative buffer _ reductions, administrative modifications, and administrative and Hearing Examiner vanances. o Submittal requirements for projects which impact critical areas and propose mitigation plans, or which propose buffer reductions, should demonstrate how the mitigation plan relates to best available science. o The City has historically not applied a building setback in addition to a buffer requirement most likely to balance property rights and critical area protections. There may be instances where the City would want the authority to require a building setback to ensure long-term maintenance of development without eroding a buffer's protectiveness. A general standard allowing the City to condition a proposal to apply a building setback could be included. It would be discretionary. Further discussion of each critical area topic is provided in the following report sections. Comparison of Selected City Critical Area Regulations to State Example Code July 13,2004 3 Comparison of Selected City Critical Area Reg'ulations to State Example Code July 13, 2004 '. 4 1. Aquifer Protection Areas Location , The City of Renton water supply is obtained from four sources: • The Cedar Valley Sole Source Aquifer • Springbrook Springs • Maplewood Production Aquifer • WellSA These sources are protected by designating aquifer protection area zones (AP A zones) and restricting land use, limiting and restricting hazardous materials, and establishing construction activity standards, fill quality reporting, and stormwater management requirements within the zones. Renton's APA zones are defined as follows: • Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (36S) day groundwater travel time contour. • Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from an aquifer that is partially protected by overlying ge~logic strata. Uses, activities, and facilities located in this area are regulated as iflocated within Zone 1 except as provided by C.6(a)(iii) [ExemptionS} of this • section. , . . Zone 2: The l~d area situated between the three hundred sixty five (36S) day groun~water travel time contour and the boundary of the zone of potential capture for elwell or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City may choose not to subdivide an AP A into two (2) zones. In such a case, the entire AP A will be designated as Zone 2. Maps in Appendix B identify the designated APA zones and the City's wellfields. BaSed on the sensitivity 'of the aquifers to contamination, Zone 1, Zone 1 Modified, and Zone 2 provide varying levels qf protection from hazardous materials contamination with Zone 1 providing the most protection and Zone 2 the least. City staff proposes a minor amendment to replace the aquifer protection zone ~ap in RMC Figure 4-3-0S0Ql with map patterns that better distinguish, between Zone 1 modified and Zone 2 (see Appendix B). . By far, the most important aquifer in terms of the City's water supply is the "Cedar Valley Sole Source Aquifer." Eighty-six percent of Renton's water in 2003 was supplied by this aquifer. (2004 City of Renton Drinking Water Quality Report) The aquifer consists of coarse-grained sediments deposited at the mouth of the prehistoric Cedar River during the last glacial period. The water table is about 23 feet from the surface. The aquifer is replenished by groundwater flow from the Cedar Valley. It is highly permeable, and there are numerous sources of contamination within the capture zone ofthe wellfields. The State Department of Health's contamination susceptibility is considered moderate to high. (City,of Renton Water System Plan, Appendix Q, Wellhead Protection Plan, May 1999) Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 'S I The Cedar Valley Aquifer has been designated as a Sole Source Aquifer by the US Environmental Protection Agency. No commitment for federal financial assistance may be made if the EPA finds that a federal financially assisted project may contaminate the aquifer through an aquifer recharge zone that creates a significant hazard to public health. (Federal Register Vol. 53, No. 191, October 3, 1988, Notices). Maps in Appendix B identify the Cedar Valley Sole Source Aquifer Project Review Area designated by theEPA. It encompasses the entire Cedar River drainage since recharge to the aquifer may originate as precipitation anywhere in the basin (ibid.). The large majority ofthe Cedar Valley Aquifer recharge area is outside the Renton City Limits and the King County Urban Growth Area, meaning most of it is considered to be in a designated rural area of King County. Studies The following studies represent the best available science used by the City to define and regulate aquifers: • City of Renton Water System Plan, Appendix Q, Wellhead PrqteCtion Plan, May 1999. It includes the following Chapters: o Executive Summary o Introduction o Water Supply Sources o Delineation of Capture Zones o Contaminant Source Inventory, Risk Assessment 'and Notification of Owners and Agencies o Contingency Plan for the Loss of the Downtown Wellfield o The Aquifer Protection Prpgram o References " . o Appendix A -Technical Description of Renton Groundwater Model, Particle Tracking , 'Approach, and Model Input Parameters • "Explanation of Aquifer Code Amendments, August 2002" by City of Renton Water Utility. This document summarizes the results of a computer model simulating groundwater flow in three dimensions related to the Cedar Valley Sole Source Aquifer and the Maplewood Production Aquifer. The model and analysis were conducted by Pacific Groundwater Groitp, • an experienced local firm providing consulting services in hydrogeology and related' ,. environmental issues. The model was constructed using a United States Geological Survey (USGS) computer code called Modflow. This method of delineating capture zones was approved by the State of Washington Department of Health in 1999. . . The documents also make reference to prior studies by the USGS in 1995 and,CH2MHill, a recognized consulting firm, in 1989. ' , . Regulatory Overview The City's Aquifer Protection Area Regulations include the following: • Designation 9f Zone 1, Zone 1 Modified, and Zone 2 Aquifer Protection Areas (AP As) as described above. • Establishing Operating and Closure Permit requirements for facilities in all Zones Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 6 • Requiring removal of existing facilities in Zone 1 if they store/handle/treatiproduce hazardous materials in quantities greater than 500 gallons • Performance standards, all APA Zories o Requiring secondary containme~t o Requiring hazardous materials monitoring and providing standards for release restrictions, including in Zone 1 added site monitoring and site improvement standards to protect against hazardous materials release o Limiting application of pesticides and nitrates near wells and springs o Establishing wastewater disposal requirements' o Establishing surface water management requirements o Regulating pipelines o Providing construction activity standards and fill material requirements' o Regulating existing solid waste landfills • Zone 1 Modified is similar to Zone 1 except that: o Existing facilities are not subject to the 500 gallon hazardous material quantity and they would not have t6 relocate or reduce inventory o Existing septic tanks are allowed and new septic tanks would be allowed if City sewers were not available o Infiltration of stormwater would be allowed as with Zone 2 o Existing facilities would not be subject to site iniprovements (e.g. groundwater monitoring~. paving, stormwater management improvements, etc.) State Agency"lnput ' Most recently, the ~tate of Washington Department of Community, Trade and ,Economic Development (under the Office of Community Development) reviewed the City's 2002 APA regulation amendments to delineate AP A Zones for the Springbrook Springs and Maplewood Wellfield. They noted that: "It appears that BAS was used in delineating and protecting your Aquifer Protection Areas. We recommend that you document this. For example, you can include the information in your findings of fact, attach reports or studies as appendices, or adopt by reference the reports and studies. . .. Congratulations ... for the good work your draft amendments to your critical area regulations for aquifer protection embody ... " In response to the request to document BAS, the City added the following statement to the City'S Critical Areas Regulations:, "Zones of an AP A are designated to provide graduated levels of aquifer protection. Zone boundaries ~e determined using best available science documented in the c:::ity of Renton Wellhead ProtectionPlan;'an appendix of the City of Renton Water System Plan, as periodically updated." Comparison with State DCTED Example Code The City of Renton's standards provide strong protection of the City's aquifers, particularly in terms of minimizing the potential for contamination. The City's regulations address the large majority of topics addressed in the State Example Code, including rating and mapping APA zones, regulating facilities, land uses, and activities, and prohibiting activities that could negatively impact aquifers. Some provisions appearing in the State example code that are not directly addressed in the City's regulations include: Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 7 I • Table 1 Example Code and City of Renton Provisions Example Code Provisions • Requiring preparation of an aquifer recharge area critical area report by a Qualified Professional, including a hydrogeologic assessment (requirements increase for high impervious surfaces, injection wells, use of hazardous materials, and other factors). • Requiring that the proposed activity comply with the water source protection requirements and recommendations 6fthe U.S. EPA, Washington State Department of Health, and King County Health Department. . • Listing Federal and State code requirements for specific uses. . '. Restricting activities that would significantly reduce . the recharge to aquifers currently or potentially used as a potable water source, or restrictixig activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 8 Comment Regarding Applicability in Renton • The City has prepared a comprehensive analysis of its aquifers, well capture zones, and potential . sensitivity to contamination. Individual hydrogeologic analysis may not be needed in most cases. The City requires that an applicant document the hazardous materials used in an annual Operating Permit • If there was a concern about. a proposal's potential impacts to aquifer recharge areas, it may be appropriate to require a hydrologic assessment. In order for a proposal to have a significant impact on aquifer recharge it would have to be fairly large in scope. The City would have SEP A authority to require a hydrogeologic study in those cases. Alternatively a discretionary code amendment could be included to allow the City to require a · hydrogeologic assessment if a proposal has a · potential to si~ficantly affect aquifer recharge. • The City does not enforce other agencies rules or · permits; and applicants are still required to comply with other agency requirements. .' • The City complies with notice of application, SEP AlNEP A and other permit procedures by which other agencies may be notified. • As a public service, the City may advise applicants or educate the public about other agency requirements. • See also section 5 of this report where some revisions are recommended to indicate that applicants are responsible for obtaining all other necessary permits. . • See above. • The Cedar Valley Aquifer recharge area extends far beyond the City limits, primarily into rural King'. County. • It may be possible that some developments could have localized impacts to stream baseflows or to aquifers depending on location, but the primary issue for the City will be to coordinate with King County and other agencies on proposals outside the City, but within related aquifer recharge areas that supply the City. . • The City's designation of APA zones even extending beyond City limits, and the US EPA sole source designation for the Cedar Valley Aquifer, provide tools for the City to address developments outside the City when negotiating with or responding to other agencies and their notices of development applications . ... Also see discussion of hydrogeologic study above. The comparison of City and State Example regulations shows consistency in intent and approach to protecting "areas with a critical recharging effect on aquifers used for potable water" (RCW 36.70A.030). One noteworthy area of difference relates to proposals that may have a significant impact on recharge to an aquifer used for potable water supplies or which would significantly affect the. baseflow of a regulated stream. Regarding potable water, as noted above, most of the Cedar Valley Aquifer recharge area is outside of the City limits making regional agency coordination more· important. The area of recharge in the City limits is largely developed as it includes the historic downtown. Regarding stream base flow, based on discussions with the City's consulting biologist for stream regulations (Andy Kindig, Ae Kindig & Company, June 30, 2004), it would be an infrequent issue . important only for very large projects. The City could ilse its SEP A authority to require a hydrogeologic study for proposals that may aff(!ct stream base flow. Alternatively a discretionary code amendment could be included to allow the City to require a· hydrogeologic assessment if a proposal has a potential to significantly affect aquifer recharge. . City Policy Considerations. City regulations strongly address groundwater protection implementing City Environment Element policies to protect the aquifers from degradation (e.g. Objective EN-I and associated policies). Although the City ~egulations place emphasis on groUndwater quality issues, City policies·· . provide policy authority to address both groundwater quantity and quality concerns inside and outside the City: . . • Policy EN-43 (proposed to be renumbered 50). Emphasize the use of open ponding and detention, grassy swales, clean roof run-off, and other stormwater manag~ent techhiques that maximize water quality and infiltration where appropriate and which will not endanger groundwater quality. . . . . • Policy EN-46 (proposed to be renumbered 54). Promote the use of interlocal agreements with other agencies to restrict land use in sensitive aquifer recharge areas to minimize possible sources of PQllution and the potential for erosion, and to increase infiltration. • Policy EN-49 (proposed to be renumbered 55). Participate in land use and sewerage decisionS in outlying areas of the City's aquifer.' . -, I With the Cedar Valley Aquifer, as well as the Springbrook Springs capture· area, largely outside of the City limits an important continuing role for the City will be regional agency coordination to ensure proposals do not unduly affect· groundwater quantity or quality. Recommendations . . The City's regulations are similar to the State Example Code in intent, and are tailored to the City'S critical aquifers. A minor amendment to replace the aquifer protection zone map in RMC Figure 4-3-050Ql with map patterns that better distinguish between Zone 1 modified and Zone 2 is proposed. A discretionary code amendment could be included to allow the City to require a hydrogeologic assessment if a proposal has a potential to significantly affect groundwater quantity or quality. Otherwise, amendments or added regulations are not recommended. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 9 I 2.. Flood Hazard Regulations Location. Floodplain hazard areas, including the IOO-year floodplain and floodways, are designated along the City'S major streams including: • May Creek • Cedar River • Black River. • Springbrook Creek Additionally floodplains of the Green River extend into the City limits along the western city limit boundary shared with Tukwila .. See Appendix B for a map of IOO-yearfloodplains. Studies City regulations are based upon the following federally prepared, regionally prepared or consultant prepared inventories, models, analyses, and/or evaluations by experts, considered to be sources of best available science for the City's flood hazard regulations: • Flood Insurance Study. The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of Renton, dated September 29, 1989. . • Federal Model Ordinance. A Model Flood Damage Prevention Ordinance is required to be' adopted by jurisdictions that participate in the National Flood Insurance Program. The City of Renton adopted the required regulations in 1987. ' . • State Model Flood Damage Prevention Ordinance Amendments. The State of Washington periodically amends the Federal Model regulations in excess of the Federal requirements. The City has reflected these amendments in the past. .' King County's 1993 Flood Hazard Reduction Plan which promotes,among other things, elevation of structures above the 100-year' flood level, and compensatory storage. • .. City of Renton 1997 Eastside Green River Watershed Plan and Environmental Impact Statement. • On June 26, 1997, the PlanninglBuildinglPublic Works Department adopted an Administrative Policy Determination regarding the use of the City'shydrologic/hydraulic model results to determine the volwrie of compensatory storage 'for Springbrook Creek. The information is based upon the City'S Eastside Green River Watershed Plan clnd Environmental Impact Statement. Regulatory Overview The City implements the Federal Emergency Management Agency (FEMA) Model Floodplain Management Regulations (RMC 4-3-0501), which allows flood insurance to be sold in the City. It designates areas of flood hazards and applies construction standards for residential and nonresidential development in the flood hazard areas. . Comparison of Selected City Critical Area ' Regulations to State Example Code July 13, 2004 10 State Agency Input The State of Washington Department of Ecology (DOE) regularly meets with localjurisdictions in Washington to assist with flood hazard regulations and to maintain compliance with Federal requirements. DOE is conducting a community assistance review of the City of Renton's regulations in advance of a meeting scheduled with the City of Renton staff in late July 2004. Since Jones & Stokes requested information about the applicability of some provisions of the Federal Model and State Example Code in Renton, DOE staff provided some early feedback on the City'S regulations. The overall review was positive. To maintain consistency with more recent State amendments to the Federal Model or to otherwise improve c<?nsistency, DOE identified amendments to the City's ordinance as well as positive features to commend: • Definitions need to be added or amended, especially "basement" and "development," to specifically implement the flood hazard regulations: ' o BASEMENT means any area of the building having its .floor sub grade (below ground level) on all sides. o DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures~ mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. o , LOWEST FLOOR needs to cross reference more specifically section 4-3-050.l.3.a.ii. • RMC 4-3-050.l.3.b.i and ii, Manufactured Homes:. Minor revision to indicate that the foundations be " .. :.securely anchored to an adequately designed anchored foundation system to res~st flotation, collapse, and ,lateral movement." ' .' RMC 4-3-050.l:3.c, Nonresidential Construction. . " " o Subsection coi needs to be amended as follows to ensure the City receives credit. towards insurance.rates: i., Be flo09proofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; o It was noted that the City is more restrictive regarding new nonresidential construction which is required by the City to have the lowest floor elevated one foot above the base flood elevation whereas the Model allows as an option the area below one foot above the base flood elevation to be floodproofed instead of elevated. • RMC 4~3-050.l.4.a, Increases in Flood Levels Prohibited (in floodway). This was noted as a positive section that goes beyond the Model. .RMC 4-3-050.l.4.b, the last sentence should be amended to match the most recent State Model: ii. Repairs, reconstruction or improvements to; a structUre, the cost of which does not exceed fifty percent (50%) ofthe market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included may be excluded in the fifty percent (50%). • RMC 4-3-050.1.6, Compensatory Storage. This section was commended as more protective. It exceeds Federal and State Model regulations. Although amendments are requested to maintain the City's regulations with the FEMNState Model Floodplain Management Standards, the State DOE emphasized the quality regulations the Comparison of Selected City Critical Area Regulations to State Example Code July 13,2004 11' I '. -. City implements, particularly its application of compensatory storage and other features 'that enhance floodplain protection. (pers. comm. DOE, Chuck Steele,June 25, 2004) . Comparison with State DCTED Example Code . Given that the State DCTED Example Code does not deviate substantially from the Federal/State Model Flood Damage Prevention Ordinance, or the City's current regulations, significant issues are not anticipated. There are some options to consider which are described below. (See Appendix A for a more detailed c~mparison.) . The State DCTED Example Code incorporates all of the FEMAfState Model Floodplain Management Standards. It also includes additional advisory provisions such as: • Requiring the use of additional information that is more restrictive than Flood Insurance Rate Maps, e.g. future flow modeled conditions, if available. • Verification of other agency permits (e.g. federal) required. • Indicating that structures or subdivisions should occur on buildable areas outside the floodplain on the subject property if possible. • Ensuring filling and grading do not affect side channel fish migration areas .. • Prohibiting onsite sewage disposal systems in floodways, channel migration zones, and the 10-year floodplain elevation. Possible approaches for th,e City~s Critical Area Regulation Update are: • Current Approach: Implement the FEMAIState Model with the City's local amendments for compensatory storage, stricter floodway limitations, and other features; or • State DCTED Model Approach: Implement the FEMAfState Model with some added 'features to encourage use of future flow model conditions, development on the non- floodplain portions of a property, and consistency measures with fish habitat (stream) regulations, etc.; or • Combination of the above. City Policy Considerations The City's flood hazard regulations.reflect City policies, particularly: • Policy EN-19 (proposed'to be remimbered.26). Limit development within the 100 year floodplain to that which is not harmed by flooding. Roads and finished floors of structures should be located above the 100 year flood level, and new development should provide compensation for existing floodstorage capacity due to filling. In the Year 2000 this policy provided the basis' for some of the more protective measures in the current City ordinance, such as compensatory storage and elevating structures above the base flood elevation. These measures also help improve the City's insurance rating. (BWR, January 2000) Comparison of Selected City Critical Area Regulations to State Example Code July 13,2004 . 12 Recommendations It is recommended that the City continue with its Flood Hazard regulations with the following adjustments: • Add the State DOE requested amendments to address updates to the Federal/State Model Flood Damage Prevention Ordinance, or to address other clarifications, in order to maintain flood insurance eligibility. • Add the more relevant features of the State DCTED Example Code: o Requiring the use of additional information that is more restrictive than Flood Insurance Rate Maps. The primary concern is to regulate mapped flood hazard areas and establish base flood elevations based on Federal studies. However, appropriate situations where the City could require additional future flood information include: development in unmapped' areas or bridge construction proposals. o As a public service include a notification that other agency requirements are an applicant's responsibility (see amendments proposed in Section 5). Regarding other State DCTED advisory changes, the following are not a part of the Federal/State Model Flood Damage Prevention Ordinance and appear unnecessary: • Filling and grading of side channel fish migration areas would not be an outright allowed activity 'since streams and their riparian buffers would be generally "no touch" (see proposed Stream regulations). • Most ofthe floodplain area is platted and developed, and requiring development outside of the floodplain if possible would not be especially practical. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 13 3. Geologic Hazards Location Geologic hazards, according to WAC 365-190, include: erosion, landslide, seismic, mine, volcanic, and "other" hazards (e.g. tsunamis, mass wasting, debris flows, etc.). Development in these areas may pose risks to public health and safety. Some of these risks may be reduced by engineering or other methods. If risks cannot be reduced to acceptable levels, building in geologically hazardous areas s1ioul~ be restricted. Geologic risks in the City of Renton include: • Erosion hazards • Landslide hazards • Seismic hazards • Coal mine hazards • Steep slopes, including sensitive slopes 25-40% and protected slopes 40% and greater (often .considered to be a landslide hazard) . . To a lesser extent there is a potential for volCani~ hazards. Geologic hazard maps prepared by the City are found in Appendix B. A volcanic hazard map from the USGS is also found in Appendix B. .. Studies The City's development of geologic hazard regulations relied on several technical reports or professional literature prepared for the City or agencies by experts, or by input from expert consulting geologists, as follows (Bucher, Willis & Ratliff, January 26,2000): City Specific Reports Azous, Amanda (January 1992). Critical Areas in the City o/Renton: Geological Hazardous Areas, Mineral Lands and Wildlife Habitat Resources. Prepared for City of Renton PlanninglBuilding/ Public Works Department. Renton, Washington. GeoEngineers, Inc. (1991). Summary Report: Critical and Resource Areas Evaluation. Prepared . for the City of Renton. Authors Donald W. Tubbs, Senior Geologist, and Jon W. Koloski, Principal. Renton, Washington. David Evans and Associates, Inc. (January 16, 1992). Draft Environmental Impact Statement/or City 0/ Renton Land Use Element. Prepared for City of Renton PlanninglBuildinglPublic Works Department. Renton, Washington. Consulting firms were also contacted to review definitions, or to offer expertise including Dale Snyder, consulting solI scientist and geologist, Agra Earth and Environmental, GeoEngineers Inc. and Golder and Associates. (Bucher, Willis & Ratliff, January 26, 2000) Comparison of Selected City Critical Area Regulations to State Example Code J.uly 13, 2004 14 Other Technical Reports and Professional Literature Arendt, Randall G. (1996). Conservation Design Jor Subdivisions. Prepared for the Natural Lands Trust, American Planning Association, and American Society of Landscape Architects. Island Press, Washington D.C. City of Seattle, Landslide Policy Group (June 1, 1998). "Landslide Policies for Seattle." Seattle, WA.· , Corish, Kathy (December 1995). Clearing and Grading Strategies Jor Urban Watersheds.:. Prepared for the United States Environmental Protection· Agency. Metropolitan Washington Council of Governments, Washington D.C. Duerksen, Christopher J. and Suzanne Richman (August 1993). Tree Conservation Ordinances.:. Planning Advisory Service, Report 446. Prepared for American Planning Association and Scenic America. Chicago, lllinois. Olshansky, Robert B. (November 1996). Planning Jor Hillside Development. Planning Advisory Service, Report 466. Prepared for American Planning Association. Chicago, illinois. Schueler, Tom and the Center for Watershed Protection (December 1995). Site Planning Jor Urban Stream Protection. Prepared for MetropolitanW ashington Council of Governments. Washington D. C. Regulatory Overview In the late 1980s the City adopted a Greenbelt Ordinance that regulated a variety· of environmental hazards including steep slopes, landslides, coalmine hazards and seismic hazards. The ordinance applied·regulations through an overlay map. The source of the Greenbelt map was not well documented, and there were no mapping criteria. In the Year 2000, the City repealed the Greenbelt Ordinance and added geologic hazard regulations in a comprehensive Critical Areas ordinance. The adopted Geologic Hazard regulations: • Classify hazards using criteria. Based upon a report prepared by GeoEngineers Inc. for the City of Renton in.1991, the regulations include criteria for landslide hazards,-erosion hazards, ·seisrnic hazards, and coal mine hazards. Maps ~fthese hazards are to be used as references ..• • Address exemptions within Geologic Hazard areas. The exemptions include: conservation activities; research and site investigation; existing agricultUre; utility relocation out of the geologic hazard area; maintenance and repair of existing parks, trails, roads, facilities and utilities; vegetation management and essential tree removal for utilities, roads and public . parks; remodeling, replacing, removing existing structures; existing use maintenance and repair; existing single family residence modification; existing grandfathered activitIes; trails within buffers, and emergency activities. • Require peer review of geotechnical reports for properties with slopes 25% or greater, and Medium, High or Very High Landslide Hazards. Independent peer review of geotechnical reports maybe required for properties with High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards. For any of the hazards, conditions of approval may include modifying construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 15 I • Address slopes between 25-40% that do not have identified erosion or landslide hazards, by requiring peer review of geotechnical reports, erosion control plans, and weekly erosion control inspections. The regulations would also authorize conditions of approval which may include modifying construction techniques, design, drainage, project size/configuration, seasonal constraints on development, vegetation stabilization, sequencing , or phasing of construction, clearing and grading limits, and other measures. These same 'potential conditions of approval apply to lands with Medium and High Landslide Hazards and High Erosion Hazards. • Restrict development on slopes over 40%. Exceptions include man-made slopes (e.g. from legal mining operations) pursuant to a modification, a single family dwelling on a lot of record pursuant to a variance, public utilities needed to protect slope stability, and public road widening where alternative locations are infeasible. Modifications may be allowed such as allowing fill at the base of a 40% slope. As with other modifications, report submittal, and review criteria would apply. • Restrict the, creation of lots having a predominant 40%+ slope. • Require a buffer of 50 feet from aVery High Landslide Hazard Area, which may be increased or decreased administratively based upon a geotechnical report. • Provide a review process for Coal Mine Hazards. The regulations require a report to document potential Coal Mine Hazards, authorize conditions of approval, and indicate requirements for mitigation during construction. • Establish detailed report preparation requirements for each potential hazard located on a site. Overall, the regulations provide greater protection from geologic hazards than the City's previous Greenbelt -regulations. In comparison to prior Greenbelt ordinance standards, the regulations were crafted to specifically address hazards, establish specific mapping criteria, institute report requirements, and require performance standards and conditions. State Agency Input State agencies were provided an opportunity to review the Year 2000 critical areas regulations update. Agencies will be afforded an opportunity for review through this year's GMA Comprehensive Plan AmendmentlDevelopment Regulation Amendment cycle. Comparison with State DCTED Example Code The City'S regulations are comparable to the State DCTED Example Code as shown in a matrix in Appendix A. ' • The City designates, claSsifies, and maps geologic hazards. Renton's hazard criteria are similar to the State Example Code definitions, which are based on WAC 365-190. Mapping sources are similar for some hazards and in other cases more specific to the criteria prepared specifically for Renton by GeoEngineers Inc. A comparison of definitions and criteria is provided in Appendix A . • , The City makes limited exemptions in geologic haz~ds,and is more protective by not "exempting" new construction under a certain ~quare footage limitation as the State Example Code allows. . . Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 16 • The City's permit process requires a detailed report by a qualified professional as summarized in Appendix A. Stricter than the State Example Code, third party peer review is mandatory in Renton when certain hazards are present, i.e. for properties with slopes 25% or greater, and Medium, High or Very High Landslide Hazards. Independent peer review of geotechnical reports may be required for properties with High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards. • The City establishes general performance standards and has the authority to condition development in hazard areas. Generally, the City's performance standards are less specific than the State Example Code. However, the City's detailed report requirements, peer review process, and ability to condition based on site-specific analysis should allow for appropriate consideration of hazards and mitigation. Some potential minor improvements to the City's regulations are proposed below. o To strengthen the City's general performance standards, the City may consider adding the following review criteria found in the State.Example Code: - The proposal will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; The proposal will not adversely impact other critical areas. The criteria could also state that the development must be safely accommodated, similar to the language already found under "conditions of approval." o The State Example also would restrict critical facilities (e.g. government, hospitals, etc.) from. locating in geologic hazard areas unless there is no -practical alternative. BetWeen all the geologic hazards in-Renton, and particularly seismic hazard areas, that would eliminate in.ost of the City that is also accessible to key highways. City regulations would -. (for any type of development) require a geotechnical report, and th~ City has .the ability to condition development. -The cost to develop in particular hazard areas would aiso tend to help critical facilities to avoid these areas where possible. As an alternative to restricting location of critical facilities, the City could require peer review of geotechnical reports. A more noteworthy difference between the City's geologic hazard regulations and the State Example Code relates to volcanic hazards. This is discussed further below. Volcanic Hazards The CitY's regulations do not address volcanic hazards, most likely because consultants indicated ~e risk was generally low and because mapping was not generally available by King County, although available from other sources: • GeoEngineers Inc. 1991: "Volcanic hazards within Renton and its sphere of influence are generally low. However, essential facilities should be reviewed to assure that they can continue to function following a volcanic ashfall 2 iriches in thickness, which is likely the worst cor~sequence of a moderate volcanic eruption." • Amanda Azous, 1992: "The primary concern with respect to volcanic hazards is from mudflows and associated flooding which may result from volcanic activity on Mount Rainier. King County is currently revising its mapping and is modeling the potential for volcanic hazards in the County. Development sites near the Green River are the most likely Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 17 • areas of concern within th~ City .limits. The City's maj or concern is that adequate engineering standards are employed when building ill a volcanic hazard area." Since the time of the Renton reports above King County has not completed modeling. The USGS completed a study in 1998. The USGS report! maps the following type of hazard in the Renton vicinity: a fraction less than 1 % annual probability of tephra2 fall in the Renton vicinity from any major Cascade volcano including Mt. Rainier; and potential for inundation from post lahar sedimentation between the Green River and SR-167. See Appendix B. The USGS report's general recommendations for volcanic hazards inthe vicinity of Mount Rainier include: Communities, businesses, and citizens can undertake several actions to mitigate the effects of future eruptions, debris avalanches, and lahars. Decisions about land use and siting of critical facilities can incorporate infolTIlation about volcano hazards. Areas judged to have an unacceptably high risk can be left undeveloped. Alternatively, development can be planned to reduce the level.ofrisk, or even include engineering measures to mitigate risk. For example, areas along the channels and flood plains of lahar-prone rivers could be set aside for open space or recreation, and valley walls or high terraces could be used for houses, schools, and businesses. State Example Code provisions include the following perfolTIlance standards for developments in volcanic hazard areas: ." . Volcanic and Tsunami Hazard Areas. Activities on sites containing areas susceptible to inundation due to volcanic or tsunamis hazards shall require an evacuation and emergency management plan. The [city/county] may use the perfolTIlance standards for coastal high hazard areas (see Chapter X.40, Frequently Flooded Areas) as guidance in reviewing new structures proposed in volcanic and tsunami hazard areas. Reviewing previous report recommendations prepared for Renton, USGS mapping, and the State Example Code, the City could consider the following approaches to address volcanic hazards: • Target regulations to essential facilities as identified by GeoEngineers. Require such facility proposals in the Lower Green River Inundation Area (Appendix B) to demonstrate adequate engineering standards regarding volcanic hazard risks and an evacuation and emergency management plan. "Critical facilities") have extra requirements in the standard 100-Y ear floodplain in Section 4-3-050.1.5, and much of the floodplain hazard areais within the Lower Green River Inundation Area. These floodplain regulations could be cross-referenced. I u.s. Department of the Interior, U.S. Geological Survey (Revised 1998). Volcano HazardsJrom Mount Rainier, Washington. Open-File Report 98-428.ByR.P. Hoblittl, J.S. Walder, c.L. Driedger, K.M. Scott, P.T. Pringle, J.W. Vallance. 2 Tephra is a general term for fragments of volcanic rock and lava regardless of size that are blasted into the air by explosions or carried upward by hot gases in eruption columns or lava fountains. Tephra includes liuge dense blocks and bombs, and small light rock debris such as scoria, pumice, reticulite, and ash. (http://volcanoes;usgs.govlProducts/Pglossaryitephra.html accessed June 30, 2004) 3 CRITICAL FACILITY: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes; hospitals, police, fire and emergency response installations, and facilities that produce, use or store hazardous materials or hazardous waste. . Comparison of Selected City Critical Area 18 Regulations to State Example Code July 13, 2004 Being in seismic hazard areas and potentially flood hazard areas these facilities would already have to provide critical area reports based on the potential hazards, and could also address volcanic hazards. • Require that new development of any kind in the Lower Green River Inundation Area provide documentation that demonstrates adequate engineering standards regarding volcanic' hazard risks. Development in this area already would have to submit a geologic hazard report to address seismic hazards and potentially floodplain hazards. • Delay implementing volcanic regulations to work with King County and Tukwila on standard regulations. Tukwila regulations currently do not address volcanic hazards. King County has adopted volcanic hazard standard~ but they are not effective pending a County modeling effort (referenced'since early 1990s). However; this is noted as an omission in the County's best available science review since the USGS has published some studies.4 o King County's regulations for the Green River (pending modeling) include: Within volcanic hazard areas located along the White river downstream from Mud Mountain dam and the Green and Duwamish rivers, the department shall evaluate development proposals for critical facilities for risk of inundation or flooding resulting from mudflows originating on Mount Rainier. The applicant shall design critical facilities to withstand, without damage, the effects of mudflows equal in magnitUde to the prehistoric Electron mudflow. The approach considered in the City's proposed amendments are to target regulations to critical facilities similar to the approach recommended by GeqEngineers. City Policy Considerations The City's geologic'hazard regulations balance Comprehensive Plan policies related to managing risk, protecting environmental features, and accommodating growth targets (Bucher,Willis & Ratliff, January 26,2000). General environmental objectives/policies implemented by the City's geologic hazard regulations include: Objective EN-A: Protect, restore and enhance environmental quality through land use plans and patterns, surface water management programs, park master programs, development reviews, incentive programs and work with citizens, land owners, and public and private agencies. Policy EN-I. Prevent development on lands where development would create hazards to life, property, or environmental quality. 4 Per King County's Executive Report -Best Available Science Volume II, Assessment -February 2004:" ... The Washington State Department of Natural Resources Division of Geology and Earth Resources and the United States Geological Survey have completed the mapping that is required, but the proposed CAO does not adopt that mapping by reference or incorporation." "The referenced modeling is not described though it is referred to in the text as 'required.' It is presumed that the modeling will comprise a detailed series of simulations of eruptions and subsequent pyroclastic flows, Lahars, lateral blast events, and the like. These simulations combined with historical information and geologic data and mapping, will allow development of proper zonation around the volcano., Until existing maps are adopted and modeling completed, King County will be unable to properly regulate development and construction in Volcanic Hazard Areas and public arid private property'remain at risk." , Comparison of Selected City Critical Area 19 Regulations to State Example Code July 13, 2004 City Environment Element policies also specifically relate to erosion, landslide, steep slope, and coal mine hazards. Recommendations The City'S geoiogic hazard reguiations conipare favorably to the State Example Code. Minor recommendations r:egarding adding general performance standards and requiring peer review of geoteclmical reports for critical facilities in geologic hazard areas are suggested in the "Comparison" section above. . The one more significant difference relates to volcanic hazard regulations. ·Options to address the issue are made, primarily to review critical facilities in such areas. These facilities would already be submitting other critical area reports and procedural complications are not anticipated. See the "Comparison" section above. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 20 4. Habitat Conservation Location In addition to streams, riparian areas, and wetlands described under separate cover, the City of Renton and its Potential Annexation Area contain habitats supporting other wildlife species. State Classification Guidelines for Critical Areas (WAC 365-190-080) identify several types of wildlife habitats to be addressed in Critical Areas Ordinances: • Areas with which endangered, threatened, and sensitive species have a primary association; • Habitats and species of local importance; • State natural area preserves and natural resource conservatiori areas. .' Other considerations may include: creating a system of fish and wildlife habitat with connections .. between larger habitat blocks and open spaces, and buffer areas around habitats. . . A key source of information about wildlife, including those endangered, threatened, and sensitive, is available from the Washington State Department ofFish arid Wildlife (WDFW) Priority Habitatimd Species (PHS) Program. Through this program the State provides information on fish and wildlife habitat location, and priorities for species and habitat management and conservation, including measures to protect resources as land use decisions are made. WDFW' uses the information to screen forest practices permits and SEP A reviews, for landscape planning arid ecosystem management, and other purposes. It is a source of . information for GMA planning efforts by counties and cities as well. Priority habitats in the Cjty of Renton include wetlands, riparian corridors, and urban ~atura1 open space. The lake,rivers, and creeks support anadromous fish runs.· Other priority species include bald eagles, osprey, great blue herons, and other waterfowl. (WDFW 2Q03; WDFW 1997) Studies In developing its Habitat Conservation regulations, ·first instituted formally in 2000, the City reviewed the following scientific and technical resources prepared by consulting experts or by State agencies (BWR, January 26,2000): David Evans and Associates; Inc. (January 16, 1992):' Draft Environmentallmpact Statement for City of Renton Land Use Element. Prepared for City of Renton PlanninglBuildinglPublic Works Department. Renton, Washihgton. David Evans and Associates, Inc. (December 1991). City of Renton Fish and Wildlife Habitat. Prepared for City of Renton PlanninglBuildinglPublic Works Department. Renton, Washington. Jones and Stokes Associates (June 1991). Critical Areas Inventory: City of Renton Wetlands and Stream Corridors. Prepared for the City of Renton, PlanningIBuildinglPublic Works Department. Renton, Washington. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 21 I ,'-, ~ Washington State Department ofFish and Wildlife, Priority Habitats and Species Division (May 1991). Management Recommendations/or Washington's Priority Habitats and Species .. Elizabeth Rodrick and Ruth Milner, Technical Editors. Oiympia, Washington.' Washington State Department ofFish and Wildlife,Priority Habitats and Species Division (January 1996). Priority Habitats and Species List: Habitat Program. Olympia, Washington. Regulatory Overview, The City's Habitat Conservation Regulations address: • Criteria defining "critical habitat." Critical habitat includes: species that are listed as endangered, threatened, sensitive, monitor, or priority by Federal or State agencies; heron rookeries or raptor nesting areas, Category 1 wetlands; and shorelines designated as Natural or Conservancy in the Shoreline Master Program.' • Habitat assessments. Reports are required, and peer review may be required. • Native Growth Protection Areas. Critical habitats are to be placed in Native Growth Protection Areas.' . • Disturbance. Ifa critical habitat area is to be altered, impacts are to be avoided, minimized or compensated. Mitigation may be required based upon submitted reports, or information from State or Federal agencies. Proposed critical area regulation amendments for streams would remove "shorelines designated as Natural or Conservancy in the Shoreline Master Program" since streams and shorelines would have a separate proposed set of regulations including buffers, and clarify that Habitat Conservation regulations apply to non-salmonid species, while stream regulations address primarily salmonid species. (See stream related reports under separate cover.) . State Agency Input State agencies were provided an opportunity to review the Year 2000 critical areas regulations . update. Agencies will be afforded an opportunity for review through this year's GMA Comprehensive Plan AmendmentlDevelopment Regulation Amendment cycle. . . -, . CompatisCin with State DCTED Example 'Code . Similar to the State Example Code, the City designates habitat conservation areas, primarily by referencing ~tate ,and Federal designated endangered, threatened, sensitive, and priority species. It requires ~ habitat assessment report and includes general performance standards that require. impact aVOIdance/sequencing and mitigation. It allows for State and Federal Agency input. The City may condition proposals that impact habitat conservation areas. The State Example Code adds some other designations of habitat conservation areas, such as State DNR Natural Heritage Program to identify rare plant species and high quality ecosystems and land useful or essential for connecting habitat block and open spaces. However, in Renton's case, a review of the DNR database showed no records in or near the Renton City limits. The PHS mapping referenced by Renton, with its identification of urban natural open space, riparian corridors, and other mapped features identifies some "connecting habitat." Comparison of Selected City Critical Area Regulations to State Example Code . July 13, 2004 . 22 The State's Example Code provides a similar process as Renton's and also provides some specific standards that make implementation more efficient, but less discretionary. State performance standards include consistency with Washington State Bald Eagle Protection Rules. Developments must comply withWDFW buffers or land use restrictions in management plans. Subdivisions wholiy within habitat conservation areas may also be restricted. A key issue for the City of Renton is the extent to which protection measures are.specified in regulations given the variety and complexity of species and habitats, particularly ·those not otherwise addressed as a critical area. The City's approach to habitat conservation regulations allows the City to determine the value of the habitat assessment reports and agency input, and condition development.StatePHS species' recommend~tions would be considered in the habitat assessmenfreportson a case-by-case basis. State management recommendations would be reviewed in those reports for applicability to the local conditions and situation. Some potential measures the City could take to enhance its implementation of its current Habitat Conservation regulations include the following: ' • The regulations could cross-reference more specific State standards for bald eagles since that species is found in Renton: "Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12:'292)"; and • The regulations could clarify that activities adjacent/abutting to designated habitat conservation areas may be regulated. ' City Policy Considerations , The City regulations,regarding habitat conservation implt~ment Comprehensive Plan 'Policy EN- 50 (to be renumbered 56) regarding identification and protection of unique and significant . wildlife habitat. ' . Recommendations' The City regulations provide a comparable review process for habitat conservation areas. Potential minor measures to enhance the City's regulations are suggested -to reference State standards for Bald eagles, and to clarify that activities adjacent/abutting to designated habitat conservation ;rreas may ~e' regulated. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 23 I S.Critical Areas Regulations Procedures Regulatory Overview Either in the City's Critical Areas Ordinance (RMC 4-3-050) or in administrative sections such . as 4-1, 4-8, and 4-9, Renton's regulations provide comprehensive critical areas procedures, such· as defining regulation purposes, applicability and exemptions, submittal requirements, general performance standards, review criteria, variances and exceptions, and enforcement. Comparison with State DCTED Example Code The City regulations include common procedural requirements and standards as noted above and . in Appendix A. Some areas addressed in the State Example Code, which are omitted or indirectly included in the Renton regulations, include the following: • Relationship to other regulations: o Regulations apply as an overlay and in addition to other development standards (implied in. City regulations); , o Any individual critical area adjoined by' another type of critical area is required to have , the buffer ,and meet requirements that provide the most protection to all critical areas involved (stated In some cases; implied generally in City regulations); o If there are any conflicts with other regulations the regulations that provide more protection apply (implied); o Compliance with critical area provisions does not constitute compliance with other federal, state and local regulations and permit requirements (implied in City regulations)., • Best A vailable·Science -critical area reports and decisions to rely on best available science (repeat criteria from W AC5). Variances also to consider best available science. • Critical area identification form: An applicant would submit this form to identify critical areas present. Following submission, the decisiomaker can waive requirements because there are no critical areas or no potential impacts to critical areas or indicate that a critical area is present and require study. The agency's determination (waivers or applicable critical area requirements) is based on the identification form is published as part of a notice of application. • Exemptions: Between the State Example Code's list of exempt or "allowed" activities, and 'the City's exemption list, there are few differences. Renton includes additional exemptions in' a few areas, although the City exemption regulations would require a critical areas report unless waived: 5 Best Available Science (BAS) defInition and sources: BAS --information generated from a valid scientifIc process that involves peer review, replicable methods, logical conclusions/reasonable inferences, quantitative analysis, information placed in context, and provision of references. BAS Sources may include research, monitoring, inventory, surveys, modeling, assessment, synthesis, arid expert opinion. According to WAC 365-195-915, counties and cities should include the best available science in determining whether to grant applications for administrative variances and exemptions from generally applicable provisions in policies and development regulations adopted to protect the functions and values of critical areas. Counties and cities should adopt procedures and criteria to ensure that the best available science is included in every review of an application for an administrative variance or exemption. Comparison of Selected City Critical Area 24 Regulations to State Example Code July 13,2004 Table 2 Comparison of Exemption Categories Exemption/Allowed Activity State Example City of Renton Conservation, Enhancement, Education, and Related E E Research and Site Investigation A E Agricultural, Harvesting, Vegetation Management A (excludes existing E agriculture) Surface Water Facilities E RoadslParkslUtilities -Relocation, Maintenance, E, A (excludes 10% E Within Rights-of-Way, Existing Expansion 10%, expansion) Essential Tree Removal Small Wetlands, Temporary Wetland Impacts E Maintenance and Construction -Existing Uses and E,A E Facilities Emergency Activities E E Hazardous Materials -Federal or State Pre-emption, E Use of Materials with no Risk to the Aquifer as Listed, deminimus amounts, materials in sealed units, etc. Trails and Open Space A E Forest Practices (not conversions) A Chemical Applications of herbicides, pesticides, A fertilizers or other hazardous substances in accordance with Federal/State Requirements Navigational Aids and Boundary Markers A .. Notes: A = Allowed Wlthout Cntlcal Areas Report; E = Exempt The mam differences are with surface water facilities and wetlands exemptions. With regard to surface water facilities a critical areas report and compliance with performance standards is still required to meet the exemption to help protect critical area functions. Wetland· exemptions are discussed in the separate Best Available Science Review by Parametrix dated June 28,2004 .. · • Notice on Title: Requires title notices of the existence of critical areas. • Building Setbacks: A standard 15-foot setback is required from the edge of all buffers or from critical areas ifbuffers are not required. The purpose is to allow enough space for construction and maintenance without impact to the critical area or buffer. . Key issues for Renton's regulations include review criteria related to the use of best available. science and whether to apply standard building setbacks from critical areas as a generai standard. City Policy Considerations General environmental objectives/policies implemented by the City's regulations include: Objective EN-A: Protect, restore and enhance environmental quality through land use plans and patterns, surface water management programs, park master programs, development reviews, incentive programs and work with citizens, land owners, and public and private agenCIes. Policy EN-I. Prevent development on lands where development would create hazards to life, property, or environmental quality. Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 25 I Additional general/framework policies, proposed in the 2004 Comprehensive Plan amendments, include: Policy EN.;.2. Ensure that development on lands supporting endangered or threatened species occurS in a way that maintains adequate habitat. Policy EN-3. Use the best available science to determine critical area buffers and maintain achievable ecological functions of those buffers. Buffers. should be protected per Policy U- 85, Utilities Element, Surface Water policies. ' .. Policy EN-4. hnplement clustered development as a method of conserving additional private opens space, or providing public parks and trails. Recommendations The City's procedures provide for structured review of development applications and determination of appropriate conditions. To meet Washington Administrative Code rules that direct the City to consider best available science where ,variations to regulations are proposed, to address common performance standards in addition to buffers, and to clarify the application of regulations, some amendments are recommended below. • The City should include best available science review criteria for administrative buffer reductions, administrative modifications, and administrative and Hearing Examiner variances as follows: . BAS ModificationN ariance Criteria: The decision to grant the [administrative buffer reduction/administrative modification/variance] is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps'in RMC 4-X [below] are followed. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function ofpermitling an alteration of or impact to the critical ai~a, the [Department AdministratorlHearing Examiner] shall: , 1. Take a "precautionary or a no-risk approach," that appropriately limits development and land use activities until the uncertainty is sufficiently resolved, or determine that protection can be ensured by using an approach different from that derived from the best available science provided that the applicant demonstrates on the recordhow the alternative approach will protect the functions and values of the critical area; and 2. Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area . . An adaptive management program is a formal and deliberate scientific approach to taking action andobtaihing information in the face of uncertainty. An adaptive management program shall: ' . a. Address funding for the research component of the adaptive management program;. b. Change course based on the results and interpretation of new information that resolves uncertainties; and· . Comparison of Selected City Critical Area Regulations to State Example Code July 13, 2004 26 c. Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and. anadromous fisheries. • Submittal requirements for projects that could impact critical areas and propose mitigation plans, or those that propose buffer reductions, should demonstrate that best available science was used in detennining the reduced standard and/or in developing mitigation plans: The mitigation plan shall include a written report identifying: *** A review of the ~est available science supporting the proposed request for a reduced standard and/or the method of impact mitigation; a description of the report author's experience to date in restoring or creating the type of critical area proposed; and an analysis of the likelihood of success of the compensation proj ect. . • The City regulations do not specifically require a building setback in addition to a buffer requirement, although the Critical Area Regulations do provide staff latitude to apply conditions, and SEP A provides another review and mitigation process. Focusing on buffers and not specifying an additional building setback may be due to the City's consideration of site-specific conditions, or potentially to balance property rights and critical area protections. There may be instances where the City would want the authority to require a building setback .to ensure long-tenn maintenance of development without eroding a buffer's protectiveness. A general standard allowing ~e City to condition a proposal to apply a building setback . could be included. It would be discretionary: Building Setback: The Reviewing Official may require a building setback from a critical area or buffer to ensure adequate protection of the critical areaJbuffer during construction and . on-going maintenance of the activity. A requirement for a building setback shall be based on the fmdings o~ a critical area report or a peer review required for the activity .. • It is recommended that the City clarify that applicants are responsible for other permits: Advise applicants of their responsibilities to obtain federal, state, or other local permits: Coinpliance with the provisions of this Title does not constitute compliance with other federal,. state, and/or other local agency regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, apart from the . process established in this Title. Comparison of Selected City Critical Area Regulations to State Example Code July 13', 2004 27 I 6. . References The following references were used to prepare this report. Also refer to each individual section for refer~nces used by the City in the preparation of its Critical Area Regulations~ Azous, Amanda (January 1992). Critical Areas in the City of Renton: Geological Hazardous Areas, Mineral Lands and Wildlife Habitat Resources. Prepared for City of Renton . PlanninglBuildingi Public Works Department. Renton, Washington. Bucher, Willis & Ratliff Corporation (January 26,2000). "Development of the Proposed Sensitive Areas Ordinance -Revised Memo." From Lisa Gmeter, Senior Planner, to Rebecca Lind, Principal Planner, City of Renton Economic Development, Neighborhoods and Strategic Planning Department. Seattle, W A. City of Renton (2004). 2004 City of Renton Drinking Water QUality Report. Renton, W A. . City of Renton (August 2002). "Explanation of Aquifer Code Amendments, August 2002" by City of Renton Water Utility. Renton, WA. '. . City of Renton (May 1999) Water System Plan: Appendix Q, Wellhead Protection plan. Renton, WA. Environmental Protection Agency (June 8, 1988). "Sole Source Designation of the Cedar Valley Aquifer, King County, WA." [FRL-3457-7] Federal Register Vol. 53, No. 191, Monday October 3, 1988, Notices. GeoEngineers, Inc:(1991). Summary Report: Critical and Resource Areas Evaluation. Prepared for the City of Renton. Authors Donald W. Tubbs, Senior Geologist, and Jon W. Koloski, Principal. . Kindig, Andy, A.C. Kindig & Company. Personal communication, June 30, 2004. Steele, Chuck, Washington State Department of Ecology. Personal Communication, June 24, 2004 .. Washington State Department of Community, Trade and Economic Development, Growth Management Services (November 2003). Critical Areas Assistance Handbook: Protecting Critical Areas Within the Framework of the. Washington Growth Management Act. Olympia, WA. Washington State Office of Community Development (October 28,2002). Letter, Charles Bates, Assistant Planner, Growth Management Services, to the Honorable Jesse Tanner, Mayor Renton. Washington State Department ofFish and Wildlife (2003). Priority Habitats and Species database. Olympia, W A. . Comparison of Selected City Critical Area . Regulations to State Example Code July 13, 2004 28 APPENDIX A COMPARISON CHART: AQUIFER PROTECTION, FLOOD HAZARD, GEOLOGIC HAZARD, AND HABITAT CONSERVATION REGULATIONS Procedural Systems State OCTEO Example Provision Renton Code Purpose and General Provisions PutIlOse X X AuthorilY X X Relalionships to Other Rem. lations 0 X Administrative Procedures (contonn to standards incJudiml timinQ, fees aDoeals) X X Fees X X Severabilitv X X Administrative Rules X X Interpretation as minimum requirements X X Jurisdiction -Critical areas (critical areas buffers within 300' of water bodieslwetlands~oerimeter from bald eaolel X 111 X Protection of Critical Areas to em. al or !lreater functions and values' use mniaation Seat encino, XI21 X Best Available Science Best Available Science 0 X IADplicabllltv, Exemptions and Exceptions IADDlicabilitv X X exemptions X X Exceptions -Public Mencv and Utilitv X 3 4 X ExceDtions -Reasonable Use X4 X Allowed Activities Allowed Activities without Cmical Area Report but wnh BMPs) xTsl X Critical Area Review Process General ReQUirements X6 X Cmical Area Preapplication Consultation X 171 X Cmical Area Identification Fonn -. O"SI X Public Notice and Innial Detennination X9 X Critical Area Report Critical Area Repori-ReQUirements X 1101 X Critical Area Repori-Modifications to Requirements X X Mitigation Requirements X 11 X MitiQation SeQUencing X 11 . X MHiaation Plan ReQUirements X X Innovative Mniaation .. XI121 X DetermInation Process Detennination X 13 X Revi_ Cmeria X 1131 X' Favorable Detennination X 13 X Unfavorable Detennination X 13 X Completion of the Critical Area Review XI131 X IADoeals XI131 X Variances Variances X 10 X Unauthorized A1tarations and Enforcement Unauthorized Critical Area Alterations and Enforcement X X General Critical Area Protective Measures Critical Area Markers and Sians X 14 X Notice on Tille 0 X Native Growth Protection Areas X X Critical Area Tracts X X Buildillg Setbacks 0 X Bonds to Ensure MHiaation Maintenance and MOnOOMQ X X Critical Area InspectiQ<ls -' X X Notes: :1] Critical areas plus any raauired buffers, .. 112] R8QUirements for critical habitats, wetlands, and s1ream by performance standards. Not ~icable to ~er recharge areas, aeoloaic hazards, rK flood hazards. 1131 In some individual performance standards there arit such aaencv/utilitv aXC8DIions, e.a. orotecled sIooes. or via madificaIIan or variance """""'""", [4] Modification. administrative variances and hearing examiner varianceS proceduras identify single family dweUings on legal lots or pubticagency/utilily projects as cases for consideration. [5] Exemptian. are dose to the Example Code's "aI __ activities. However, a critical area repan may be required by CH1, and "9'"e exemptions have standards. 1r61 RevieWIng official given responsibility to ensure are fulfiUed, 1m Preaoplication review i. optional, but strongly encouraged, and free. Ira1 UsuallY identified durinQ preapp6cation slaQe or via SEPA. [9] Soma formal administrative interpretations are Usted as part at a Notice at Application. Determinations that !here are no critical areas or granting repan waivers are not a art at NOA •. '10] No spedfic BAS requirement Analysis at critical area to be mads by ouatified orofessional in accordance wnh standards. [11] Mitigation sequencing specifically required for critical habitats, wetlands, and streams. For aquifer, Hood hazard, and geologic hazard areas, conditions of approval are possible and mitigation at imoacts would be reQuired. _ 121 A1_ under slJeams and weUands soacificaUy. Other critical areas indude more general pertormance standards and oonditions. Innovative mitiQatian not Dreduded. 131 Each report cantentreQuiremenllperformance standard varies by artical area. Any staff determinations may be aooeaIed. 14 Native arowth protection areas to be marked oarmanently. Key: -X = Addressed o = Not Addressed NIA '= Not Applicable R = Revision Recommended by State 1 June 29, 2004 I A 'f R h A qUI er ec arge reas Provision Definition Critical Aquifer Recharge Areas Designation. Critical aquiler ~e areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-19().030(2). CARAs have prevailing geologic .conditions associated with Infiltration rates that aeate a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. These areas include the following: A Wellheed Protection Areas (boundaries of the ten (10) year time of ground water travel or boundaries established using allemate criterta approved by the Washington State Department of Health). B. Sole Source AQuifers designated by the U.S. EPA. C. Susceptible Ground Water Management Areas. Susceptible ground water management areas are areas that have been 'designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed pursuant to WAC 173-100. D. Special Protection Areas. Special protection areas are those areas defined by WAC 173-201Ul90. E. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are moderately or highly vulnerable to dagradation or depletion because of hydrogeologic characteristics are those anaas delineated by a hydrogeologic study pnapared in accordance with the stete Department of Ecology guidelines. F. Moderately or Highly Susceptible Aquifer Recharge Areas: moderately or highly susceptible to dagradation or depletion. meeting the criteria established by the state DOE. Aquifer Recharge Area Susceptibmly Ratings. Aquiler recharge areas shall be rated as having high. moderate. or low susceptibility based on so~ permeability. geologic matrix. infiltration. and depth to water as determined by the criteria established by the State Department of Ecology. Mapplmtof Critical Aquifer Recharae Areas A The approximate location and extent of critical aquifer nacharge areas are shown on the adopted critical areas maps.. . B. These maps are to be used as a guide. may be continuously updated as new critical areas are identified, and are a naference. ActIVItIes Allowed In CritIcal Aquifer Recharge Areas. The following activities are allowed and do not require submission of a critical area report A Con_on of structures and improvements. induding additions. nasulting in less than five percent (5%) or 2.500 square feet (whichever is gnaaJsr) totaJ site impervious surface area that does not nasult in a change of use or inaease the use of a hazardOus substance. B. Development and improvement of parks. nacnaation facilities. open space. or conservation areas nasulting in less than five percent (5%) totaJ site impervious surface area that do not increase the use of a hazardous substance. C. On-site domestic septic systems releasing less than 14.500 gallons of efftuent per day and that are limited to a maximum density of one (1) system per one (1) SQ'B. Other: Deminimus hazardous materials quantities. existingtuel oa systems, equipment fueling in containment area, other limited exemptions. Report Content Requirements Pnaparation by a Qualified Professional Hydrogeologic Assessment (requirements inaease for high impervious surtaces. Injection wells. use of hazardous materials. and other factors). Other. Operating Permit or Closure Permit Application Performance Standards -General Requirements A Activities may only be penmitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity win not adversely effect the recharging of the aquifer. B. The proposed activity must comply with the water source protection requirements and nacommendations of the U.S. Environmental Protection Agency, Washington State Department of Heallh. and the pocaJ health district). C. The proposed activity must be designed and constructed in accordance with the pocaJly adopted surface water management or water quality nagulations). Performance Standards -Specific Uses A. Storage Tanks, underground and above ground. B. Vehicle Repair and Servicing on impermeable pads; no d1'/ wells. C. Residential Use of Pesticides and Nutrients. Key: X : Addressed o : Not Addressed Nt A : Not Applicable .R.: Revision Recommended by State Renton State DCTED Example Code x x X X X X X X NlA X NlA X NlA X NlA X X X X X X X X X X X X(1) X X(1) X NlA-See X Prohibited for Sole Source (2) X X X 0 X 0 X X X X' X (3) X 0 X X X X X X X X4 X X X 2 June 29. 2004 Aquifer Recharge Areas Provision D. Use of Reclaimed Water for Surface Percolation or Direct Recharge. E. State and Federal Regulations, uses conditioned in accordance with the appUcable state and federal regulations. Other, Wastewater disposal, surface water requirements, pipeline requirements, construction activity standards, fill material requirements, reg's for existing solid waste landfills. Uses Prohibited From Crttlcal Aquifer Recharge Areas, A Landfills. Landfills, induding hazanlOus or dangerous waste, municipal solid waste, special waste, woodwaste, and inert and demolition waste tandfiIIs; B. Unde!!lflllJr1d Iniection WellS. C. Mining D. Wood Traatment Fadlities. E. Storage, Processing, or Disposal of Radioactive Substances. F. Other Prohibited Uses or Activities 1. Activities that would significantly reduce the recharge to aquifers currenUy or JlOIen.~ used as a potable _er source; 2. Activities that would signilicanUy reduce the recharge to aquifers that are a source of significant baseftow to a regulaled stream; and 3. Activities that are not connected to an available sanitary sewer system, prohibited from critiCal aquifer recharge areas associated with sole source aquifers. 4. Surface impoundments (WAC1 J3.303 -dangerous waste and 173-304 - sofod waste). 5. Hazardous waste treatmen~ storage and diSposal. 6. Transfer Stations. 7. Recyding of hazardous materials. 8. UndergrotJlld hazardous materiels storaae and dislribution. 9. New fuet oil ~ for heatina. 10. Petroleum pipelines. Nates: [1] Deminimus use of hazardous materialS is exempt [2] New septiC systems prohibited. Renton State DCreD Example Code X X 0 X X X X X X X 41161 X X 151 X X lSI X X X X X 0 X 0 X X [2] X X X X X X X X (3] Hazardous materialS release restrictions. [4] Dry wellS for waste disposal or stormwater runoll are not aDowed. Facilities with more then 20 gallons of hazardouS materials are subject to secondaty containment Hazardous materiats stored outdoor In sec:ondaIy containment must be covered to preclude precipitation. [5] Mining requires a conditional use permit In any land use zoning district. (6) AIIhough wood waste and injection wens are not specified as prohibited, definiitions and pertonnance standards regulate them. Regulations prohibn any activity that could contaminate the aquifer from occurring over a surface In which the hazardous substance could get Into the ground. Facilities with more then 20 gaDons of hazardouS materialS are subject to secondary containment HazardouS materials stored outdoor in UII"nI'W'Iarv ~t mllet no l"nVaon:atf t" tv'OI"bwfA I"WIIiIII a llilp on Renton Water Utility Website. Our Underground Water Source Ninaty-three percent of Renton's water is supplied by the Cedar Velley Aquifer. As Renton's only water source, ~ has been designated a ·sote source' by the U.S. Environmental Protection Agency. This means no federal financial assistance can be given to a project which might contaminate the aquifer and create a public health hazard; The aquifer is an underground layer of sand and gravel running 3 112 mfles long, and furnishing Renton residents with 6.5 million gaIIans of water each day. AI some points, the groundwater contained in our aquifer Is only 23 feet below ground. making it very sensitive to pollutants. Fed by rain and snow faDing on the aquifer and higher edjacent ground, the aquifer is also raplenished by groundwater flow from the Cedar Valley. It is highJy permeable, and contantinants reaching these recharge areas often find their way Into our drinking _r. . Studies: City of Renton Wellhead Protection Plan as an appendix to the Coty of Renton Water System Plan (considered to be BAS) See H.l.b. Key: X = Addressed o = Not Addressed NI A = Not Applicable R = Revision Recommended by State 3 June 29, 2004 I Flood Hazard Regulations Designation Area on Flood Insurance Maps Areas Identified by Director when Base Flood Elevation is not ava/7able Use of Additional Information That is More Restrictive or Detailed Flood Elevation Data When Base Flood Data is Not Available Flood Insurance Maps -Most Current Information to be the Basis of Regulation Maintenance of Records FrequenUy Flood Areas -Report Requirements Prepared by Qualified Professional Areas to be addressed (site area; areas of special flood hazard; and flood areas within 200 feet of proposed project) Site and Construction Plans Water Course Alteration (generally restricted; where necessarY,· identify extent, maintenance proQram, compliance documentation) Warning and Disclaimer of Liability Perfonnance Standards -General Devel~ment Permit All Other Necessarv Permits From Other Aaencies Verified Where RegulatorY Floodway Not Defined: New Construction Not Permitted in Zones A 1-30 and AE Unless Base Flood is not increased by more than 1 foot Areas without Base Flood Elevation Data Construction Materials and Methods Structures Shall Be Located on Buildable Areas Outside Floodplain, Unless There is No Such Area Methods that Minimize Flood Damage Utility Protection Elevation CertifICate Following Construction Anchorin-.!l AnchorinQ Requirement -All N"ew Construction Manufactured Homes FYI and Grading -No side channel blockage, may not restrict channel migration, may not increase flood hazard Performance Standards -Speclflc Uses Residential Construction Must be Above Base Flood Elevation Areas BelOw Lowest Floor (Equalize Hvdrostatic Flood Forces) Manufactured Homes Must Be Elevated Recreational Vehicles (Temporarily Located; or Ready for Highway Use; or Meet Manufactured Home AnchOring) Nonresidential Construction Above Base Flood Elevation Areas Below Lowest Floor (Equalize Hydrostatic Flood Forces) UtHities InfiltratiOn of Flood Waters Sanitary Sewerage Systems On-site Waste Disposal Systems Subdivision Proposals Adequate Space Outside Flood Amas . Minimize Flood Damage Have Adequate Drainage Show Flood Areas on Plat Maps Detailed Base Flood Elevation Data Alteration of Water Courses Habitat Regulation Consistency Blockage of Side Channels Avoided NotifICation Maintenance of Alterations Performance Standards -Areas of Shallow Flooding Residential Structures -Elevated to Highest Grade Adjacent to Buildino Key: . X =.Addressed o = Not Addressed N/A = Not Applicable R = Revision Recommended by State State DCTED Renton Example X X 0 X Xr1r X X X X X X X X X X Xr21 X X X Xr31 X X X X X X ·X 0 X NIA X X X X X 0 X X X X X X X X X X X 0 X X X X X X X X X X Rr41 X X X X X R(4) X X X X X X X X X X X X 0 X X X X X X X X X X X 0 X 0 X XIS) X X X N/A X 4 June 29, 2004 Flood Hazard Regulations State . DCTED Renton Example Nonresidential Structures -Elevated to Highest Grade Adjacent to Building or FloodproofedlWatertlght N/A X Drainage Paths Around Structures on Slopes NlA X Recreational Vehicles (Meet Chapter Requirements) N/A X Where velocities are 5 ft per second or greater, additional construction standards apply N/A Prohibited Uses Critical Facilities with no other feasible attemative site X X Wells Used for Potable Water (WAC 173-160-171} X X On-Site Sewage DIspOsal Systems 0 X Construction in Floodways, unless certified by a registered professional engineer demonstrating no increase in flood levels during base flood, or if fish habitat project . XI6] X Residential Construction and Reconstruction in Floodway, except repairs or construction that do not increase ground floor area and value is less than 50% of marllet value. R...ffi X Variances X X Exemptions XI71 Other X(8) Definitions R[4) X Notes. /talicized text are advisory provisions in the State DCTED Model, and not a part of the National Flood Insurance Program Requirement (1) Proposed, under review. (2) Identification of areas within 200 feet of site not required to be addressed. (3) Regulations do not restrict proposals, but do require State notification. Also have maintenance requirement In Shoreline Master Program watercourse aHeratlon limited to specifIC purposes, e.g. public purposes or habitat benefit. (4) State Model Flood Ordinance (to comply with FEMA and to set State Standards) has been updated. Additionally, DOE staff have reviewed City flood regulations through a regular State review effort, and have recommended revisions. See text amendments. (5) Regulations require notice, but do not specify amount of notice. In practice, notice would be given by SEPA review. (6) Exemptions generally include enhancement, restoration, mitigation. (1) Exemptions include: a. Conservation, Enhancement, Education, and Related. b. AgricuHural, Harvesting, Vegetation Management c. Flood Hazard Reduction and surface water projects where habitat enhancement, restoration, and federal and/or state authorization is d. Relocation of existing utilities out of critical arealbuffer.· e. Emergency activities. f. Existing activities that have ncit been changed, aHered, expanded, when complying with nonconfonning regulations.' (8) Compensatory storage requinid. Springbrook Creek -required to use City hydrologic and hydraurlC model resufts for 100-year future land use conveyance and storage events, but use FEMA data for finished floor elevations. Key: X = Addressed o = Not Addressed N/A = Not Applicable R = Revision Recommended by State 5 June 29, 2004 I G . H eo oglc d azar s Provision Designation, General Designation, Specific A. Erosion hazard; B. landslide hazard; C. Seismic hazard;. D. Mine hazard; E. Volcanic hazard; F. Other geological events includinll tsunamis, mass wastinll, debris lIows, rock faUs, and differential settlement. Classification Known or suspected risk, or unknown Mapping 1. Coastal Zone AHas lfor marine bluff hazards ; 2. U.S. Geological Suniey landslide hazard, seismic hazard, and volcano hazard. maps; 3. Washillglon State Department of Natural Resources seismic hazard maps for Westem Washinllton; 4. Washington State Department of Natural Resources slope stability maps; 5. National Oceanic and Atmospheric Administration tsunami hazard maps; S. Federal Emergency Management Administration flood insurance maps; and 7. locallY adopted maps. Allowed Activities X.50.050 Activities Allowed in Geologically Hazardous Areas. The following activities are allowed in geologically hazardous areas pursuant to AUowed Activities [Section X.10.160) and do not require submission of a critical area report: A. Erosion and landslide Hazard Areas. Except as otherwise provided for in this TiUe. only those activities approved and permitted consistent with an approved critical area report in accordance with this Tille shaH be allowed in erosion or landslide hazard areas. B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas: 1. Construction of new buildings with less than 2,500 square feet of lloor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or pubrJC assembly; 2. Additions to existing single-sto_r}'-residences that are two hundred flflv ' 250~ ~uare feet or less; and 3. Installation of fences. C. Mine Hazard Areas. The foUowing activities are anowed within mine hazard areas: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or Ilublic assembly; 2. Additions to existinll residences that are two hundred fifty (250) square feet or less; and 3. Installation of fences. D. Volcanic Hazard Areas. The following activities are allowed within volcanic hazard areas: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly; . 2. Additions to existing residences that are two hundred fifty (250) square feet or less; and 3. Installation of fences. E. Tsunami Hazard Areas. The fonowing activities are aUowed within tsunami hazard areas: 1. Construction of new buildings with less than 2,500 square feet of lloor-area or roof area, whichever is greater, and which are not residential structures or used as places of employment or ll_ubrJC assemboc, 2. Additions to existing residences that are two hundred fifty (250) square feet or less; and 3. Installation of fences. F. Other Hazard Areas. The [director) may allow the following acUvities within other geologically hazardous areas, if the activity Win not increase the risk of the hazard: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as~aces of, em--",~ent or public assemb~ 2. Additions to existing residences that are two hundred fifty (250) square feet or less; and 3. Installation of fences. Other Exemptions Report Requirements Preparation by a Qualified Professional. Area to be Addressed: Site and land within 200 feet. Site and construction plans Geologic characteristics AnalYsis of Proposal Recommendation for minimum buffer/setback. Mitigation of long-term impacts. Additional Technical Information Requirements for ~c Hazards. Performance Standards General A. Alterations of geologically hazardous areas or associated buffers may only occur for activities that: 1. Will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; 2. Will not adversely impact other critical areas; 3. Are deSigned so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre- development conditions; and Key: X = Addressed o = Not Addressed N/A = Not Applicable R = Revision Recommended by State 6 ~ State DCTED Renton Model x x x x X X X X X X X X 0 X Xill X X~ X NlA X 0 X 0 X 0 X NlA X See llood. X X3 X X 141 X X [4) X 0 X X [5) X XIS X 0 X Xli X X lSI ·X 0 X 0 X 0 X NlA X NlA X NlA X 0 X X 151 X X[S) X X 141 X X X [7) X X X X X X X X X X X X X 0 X 0 X X 181 X June 29, 2004 G eo oglc H d azar s Provision 4. Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist. licensed in the state of Washington. B. Critical Facilities Prohib~ed. Critical facilities shall not be sited within geologically hazardous areas unless there is no other practical alternative. Specific A. Erosion and Landslide Hazard Areas. Meet general performance standards and: 1. Buffer Requirement. Heigh1 of slope or 50 feet. whichever is. greater. Can reduce or increase buffer. 2. Alterations. Alterations maybe allowed subject to criteria. 3. Design Standards. Meet design standards. unless alternative equals or exceeds standard. and do not include standards that require maintenance. a. The proposed development shall not decrease the factor of safety for landslide occurrences below the Ilmits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic conditions shall be based on a minlmum horizontal acceleration as established by the current version of the Uniform Building Code; b. Structures and improvements shall be clUstered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope. and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and ~s natural landforms and vegetation; e. The propOSed development shall not result in greater risk or a need for increased buffers on neighboring ~ro~; -. f. The use of retaining walls that allow the maintenance of existing natural slope area is prefemed over ...lIraded artificial s!opes; and g. Development shan be desjgned to minimize imperviOus lot coverage; 4. Vegetation Retention. -Unless otherwise provided or as part of an approved alteration. removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited; 5. Seasonal Restriction on clearing and grading. 6. UtiJ"1Iy lines and Pipes. Util~ lines and pipes shall be permitted in erosion and landsfide hazard areas orIIy when the appficant demonstrates that no other practical aIIemative is available. 7. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibtted except when meeting deSign standards. 8. Subdivisions. The division of land in landslide hazard areas and associated buffers is subject to the foUowing: a Land that is located wholly within a landslide hazard area or its buffer may not be subdivided. land that is located partially within a landslide h!IZard area or its buffer may be divided provided that each resulting lot has sufficient bu~able area outside of. and will not affect. the landslide hazard or ~ buffer. b. Access roads and util"1!ies may be permitted within the landslide hazard area and associated buffers if the [city/county) determines that no other feasible alternative exists; and 9. Prohibtted Development On-site sewage disposal systems. including drain fields. shall be prohib~ed within erosion and landslide hazard areas and related buffers. B. Seismic Hazard Areas. Meet general performance standards. C. Mine Hazard Areas. Meet general performance standards and: 1. Alterations. Alterations of a mine hazard area and/or buffer are allowed. as follows: a. AIt alterations are permitted within a mine hazard area with a low potential for subsidence; b. Within a mine hazard area with a moderale potential for subsidence and at coal mine by-product stockpftes. an alterations are permitted subject to a mitigation plan to minimize risk of structural damage using appropriate criteria to evaluate the proposed use. as recommended in the hazard analysis; and c. Wrthin a mine hazard area with a severe potential for subsidence only those activities-allowed in accordance with Section X.50.0s0 will be allowed. 2. Subdivisions. The division of land in mine hazard areas and associated buffers is subject to the following: a. Land that is located within two hundred (200) feet of a mine hazard area with a severe potential for subsidence may not be subdivided. Land that is located partially within a mine hazard area may be divided provided that each resulting lot has sufficient buildable area that is two hundred (200) feet away from the mine hazard area with a severe potential for subsidence. Land that is located within a mine hazard area with a low or moderale potential for subsidence may be subdivided. b. Access roads and utilities may be permitted within two hundred (200) feet of a mine hazard area with a moderate or severe potential for subsidence if no other feasible alternative exists. 3. Reclamation Activities. For all reclamation activities. including grading. filling. and stockpile removal. subm~ as-built drawings. O. Volcanic and Tsunami Hazard Areas. Require an evacuation and emergency management plan. Government may use the performance standards for coastal high hazard areas as guidance . E. Other Hazard Areas. Meet general performance standards. Notes: [1 [ Protected and Critical Slopes (2) Typically classified as low, medium. high. or some other class that indicates severity. (3) Mapped based on definitional criteria. Original recommendations for criteria/mapping from GeoEngineers 1991, based on NRCS soil types and USGS geologic unit mapping. and other public records. State DeTED Renton Model X X 0 X X X X [91 X X X X (10) X 0(10) X 0(10) X 0110) X 01101 X 01101 X 01101 X 0(10) X X (11) X X 11 X X 1121 X X 1111 X X [131 X X [121 X X [141 X X X X [151 X X 1151 X X 1151 X X 1151 X XJ15) X X 115) X X 1151 X 0 X X [161 X (4) Exempt activities must receive letter of exemption and City may require report as appropriate. Exemptions are not based on size bul type of a~. Exempt activities include: conservation/education, existing agriculturelharvesting wild food/dead and diseased tree removal; Key: X = Addressed o = Not Addressed N/A = Not Applicable R = Revision Recommended by State 7 June 29, 2004 I .e G . H eo ogle d azar s State DeTED Provision Renton Model . . ... ... eXIsting or new (if In Improved nght of way) roads parks and utilities, maintenance/construction for eXIsting usesJfaclllties, and emergellCles . NOfloexempt activities require report and compliance with standards. [5] No size reslliction but may not intrude further into critical area with footprint. Also may need to meet nonconforming use standards. [6] Associated with an existing single family residence. [7] Address manmade and natural features within 150 feet; address groundwater conditions within 1/4 mile; address .mine areas within 100 feel [8] Hazard to be mitigated -predevelopment level not specified: ·Upon review of geotechnical studies, the developmen1 permit shall be conditioned to mitigate adverse environmental impacts and to assure that the development can be safely accommodated on the site ... • [9] Slopes over 40% restricted from development in most cases. Very High landslide Areas resllicted from development, plus there's a 50' buffer. No standard buffer from erosion hazard areas but development can be conditioned as needed. (10] Standards are performance based and not as specific. Conditions of approval are authorized and may lead to resllictions similar to Example Code deSign standards, [11] Conditions of approval are alJl!lorized and may lead to resllictions simUar to Example Code vegetation, erosion control, and point discharge standards. Further, erosion control submittal requirements require some analysis, and there are Tree Cutting and Land Clearing regulations and standards too. [12] Protected slopes over 40% have similar standard for utilities and roads. Conditions of approval are authorized and may lead to resllictions similar to Example Code for other erosion or landslide hazard areas. [13] Requirement for protected slopes over 40%. Development prohibited in Very High Landslide Hazard Areas. Conditions of approval are authorized and may lead to resllictions similar to Example Code tor other erosion or landslide hazard areas. [14] No standard prohibition. Conditions of approval are authorized and may lead to resllictions similar to Example Code for erosion or landslide hazard areas. (15] Conditions of approval are authorized and may lead to resllictions similar to Example Code. Standards may include: Potential mitigation may include, but is not fimited to, backfilling and sealing mine enl!ies and shafts, backfiDing existing sinkholes, removal or regrading . . or capping coal mine waste dumps, runiting development on portions of the site, or other measures offering ·equal protection from the hazard. Upon approval of the plans ·and specifications, the appficant shall complete \he remediation. Hazard mitigation shall be performed by or WIder the direction of a quaUlied engineer or geologiSt. The appUcant shaD document the hazard mitigation by submitting as-buUts and a remediation construction report. AIry hazards found during any development activities shall be immediately reported. AIry coal mine hazards shaD be mitigated prior to recommencing construction based upon supplemental recommendations or reports by the applicanfs geotechnical profeSSional. Construction shall not be permitted where surface or subsurface investigations indicate the possible presence of combustion. in the undef1ying seam or seams, unless the impact is adequately mitigated in accordance W\th the recommendations of the appficanfs geotechnical professional. [16] ·Other" includes protected and critical slopes. While other jurisdictions' codes may treat slopes over 40% as a landsfide area, Renton regulates \hem under ·protected slopes·. Key: X = Addressed o = Not Addressed N/A = Not Applicable R = Revision Recommended by ·State 8 June 29, 2004 N ----St -------Habitat e ------- ----tion R - - -lati -- I Provision Designations as Habitat Conservation Areas: Areas with which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Associa State Priority Habitats and areas Associated with Priority Species Habitats and Species of Local Importance Rare Plant Species and High Quality Ecosystems: State DNR Natural Heritage Program Land Useful or Essential for Preservina Connections between Habitat Blocks and Open Spaces Habitat Assessment Report . Performance Standards· General: Buffers· required consistent with WDFWmanagement recommendations Seasonal Restrictions· may be applied if species is susceptible during certain periods Restrictions on subdivisions wholl}' within habitat conservation areas Other Performance Standards· Specific: Areas with which Federal and/or State endangered/threatened/sensitive species have a primary association: Within habitat conservation area, no development allowed unless provided within a management plan established by WDFW, or applicable state or federal agency. Activities adjacent to a habitat conservation area follow protection measures in accordance with a critical area report by a qualified professional. Bald eagle habitat to be protected consistent with Washington State Bald Eagle Protection Rules. A habitat management plan is to be identified by a professional. Other Notes: [1] Includes heron rookeries, raptor nesting areas, and category 1 wetlands. [2] Native growth protection area may be required for critical habitat area and associated buffers. Any alterations require an alternatives evaluation (avoid, minimize, compensate). City may condition proposal to minimize impacts based on consultant report, and/or peer review, and/or information by . State or Federal agencies. . Category 1 wetland requirements would apply in addition to critical habitat requirements. Key: X = Addressed o = Not Addressed N/A = Not Applicable R = ReviSion Recommended by State 9 State DelED Renton Model X X X X X [1] X 0 X 0 X X X ;e 0[2] X 0[2] X 0(21 X X (21 0[21 X 0 X 0 X X (21 -----_.- e June 29, 2004 Geologic Hazards State Example Code Definition Renton Definition General Definition. Geologically hazardous areas Geologic Hazards: Areas which may be prone to include areas susceptible to erosion, sliding, one or more of the following conditions: erosion, earthquake, or other geological events. They pose a flooding, landslides, coal mine hazards, or seismic threat to the health and safety of citizens when activity. Refer to RMC 4-3-050B4. incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible toone or more of the following types of hazards shall be designated as a geologically hazardous area: A. Erosion hazard; B. Landslide hazard; C. Seismic hazard; D. Mine hazard; E. Volcanic hazard; and F. Other geological events including tsunamis, mass wasting, debris flows, rock falls, and differential settlement. Erosion Hazard Areas. Erosion hazard areas are at i. Low Erosion Hazard (EL): Areas with soils least those areas identified by the U.S. Department characterized by the Natural Resource .,. of Agriculture's Natural Resources Conservation Conservation Service (formerly U.S. Soil Service as having a "moderate to severe," "severe," Conservation Service) as having slight or moderate or "very severe" rill and interrill erosion hazard. erosion potential, and that slope less than fifteen Erosion hazard areas are also those areas impacted percent (15%). by shore land and/or stream bank erosion and those ii. High Erosion HaZard (EH): Areas with soils areas within a river's channel migration zone. . characterfzed by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having severe or very severe erosion potential, and that slope more steeply than fifteen percent (15%). Landslide Hazard Areas. Landslide hazard areas i. Low Landslide Hazard (LL): Areas with slopes are areas potentially subject to landslides based on less than fifteen percent (15%). a combination of geologic, topographic, and ii. Medium Landslide Hazard (LM): Areas with hydrologic factors. They include areas susceptible slopes between fifteen percent (15%) and forty . because of any combination of bedrock, soil, slope percent (40%) and u·nderlain by soils that consist (gradient), slope aspect, structure, hydrology, or largely of sand, gravel or glacial till. c. other factors. Example of these may include, but are iii. High Landslide Hazards (LH): Areas with not limited to the following: slopes greater than forty percent (40%), and areas 1. Areas of historic failures, such as: r-vith slopes between fifteen percent (15%) and forty a. Those areas delineated by the U.S. Department percent (40%) and underlain by soils consisting of Agriculture's Natural Resources Conservation largely of silt and clay. Service as having a "severe" limitation for building iv. Very High Landslide Hazards (LV): Areas of site development; known mappable landslide deposits. b. Those areas mapped by the Washington State Department of Ecology (Coastal Zone Atlas) or the (see also Protected Slope) Washington State Department of Natural Resources (slope stability mapping) as unstable (U or class 3), unstable old slides (UOS or class 4), or unstable recent slides (URS or class 5); or 1 State Example Code Definition Renton Definition c. Areas designated as quaternary slumps, earthflows, mudfloWs, lahars, or landslides on maps published by the U.S. Geological Surveyor Washington State Department of Natural Resources; 2. Areas with all three of the following characteristics : a. Slopes steeper than fifteen percent (15%); b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and c. Springs or ground water seepage. 3. Areas that have shown movement during the Holocene epoch (from ten thousand years ago to the present) or that are underlain or covered by mass wastage debris of that epoch; .. 4. Slopes that are parallel or subparallel to planes of · weakness (such as bedding planes, jOint systems, . and fault planes) in subsurface materials; 5. Slopes having gradients steeper than eighty percent (80%) subject to rock fall during seismic shaking;43 6. Areas potentially unstable because of rapid stream incision, stream bank erosion, and' undercutting by wave action; 7. Areas that show evidence of, or are at risk from snow avalanches; 8. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and 9. Any area with a slope of forty percent (40%) or steeper and with a vertical relief of ten (10) or more feet except areas composed of consolidated rock. A I slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten.(10) feet of vertical relief. Seismic Hazard Areas. Seismic hazard areas are i. Low Seismic Hazard (SL): Areas underlain by areas subject to severe risk of damage as a result of dense soils or bedrock. These soils generally have · earthquakein~uced ground shaking, slope failure, site coefficients of types S1 or S2, as defined in the settlement, soil liquefaction, lateral spreading, or Uniform Building Code. surface faulting. One indicator of potential for future ii. High Seismic Hazard (SH): Areas underlain by earthquake damage is a record of earthquake soft or loose, saturated soils. These soils generally damage in the past. Ground shaking is the primary have site coefficients of types S3 or S4, as defined cause of earthquake damage in Washington. The in the Uniform Building Code. strength of ground shaking is primarily affected by: 1. The magnitude of an earthquake; 2. The distance from the source of an earthquake; · 3. The type of thickness of geologic materials at the surface; and 4. The type of subsurface geologic structure. Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, loose, or soft- saturated soils of low density, typically in association with a shallow ground water table. 2 State Example Code Definition Renton Definition -. Mine Hazard Areas. Mine hazard areas are those i. Low Coal Mine Hazards (CL): Areas areas underlain by or affected by mine workings with no known mine workings and no such as adits, gangways, tunnels, drifts, or airshafts, predicted subsidence. While no mines are and those areas of probable sink holes, gas known in these areas, undocumented releases, or subsidence due to mine workings. mining is known to have occurred. Factors that should be considered include: proximity to development, depth from ground surface to the ii. Medium Coal Mine Hazards (CM): mine working, and geologic material. Areas where mine workings are deeper than two hundred feet (20P) for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. iii. High Coal Mine Hazard (CH): Areas with abandoned and improperly sealed mine openings and areas underlain by mine workings shallower than two hundred feet (20P) in depth for steeply dipping seams,or shallower than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by collapse or other subsidence. Volcanic Hazard Areas. Volcanic hazard .areas are See Report Discussion. Lesser Issue in City. areas subject to pyroclastic flows, lava flows, debris avalanche, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity. ITsunami Hazard Areas. Tsunami hazard areas are Not Applicable. coastal areas and large lake shoreline areas susceptible to flooding and inundation as the result of excessive wave action derived from seismic or other geologic events. 3 State Example Code Definition Renton Definition Other Hazard Areas. Geologically hazardous areas SLOPE, STEEP: A hillside, or portion thereof, which shall also include areas determined to be falls into one of two (2) classes of slope, sensitive or susceptible to other geological events including protected. mass wasting, debris flows, rock falls,and differential settlement. .. . ' 4 4-8-120.0 DEFINITIONS OF TERMS USED IN SUBMITTAL REQUIREMENTS FOR BUILDING, PLANNING, AND PUBLIC WORKS PERMIT APPLICATIONS: 7. Definitions G: Geotechnical Report: A study prepared in accordance with generally accepted geotechnical practices and stamped by a professional engineer licensed in the State of Washington which includes soils and slope stability analysis, boring and test pit logs, and recommendations on slope setbacks, foundation design, retaining wall design, material selection, and all other pertinent elements. If the evaluation involves geologic evaluations or . interpretations, the report shall be reviewed and approved by a geologist. Further recommendations, additions or exceptions to the original report based on the plans, site conditions, or other supporting data shall be signed and sealed by the geotechnical engineer. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall in a letter to the City accompanying the plans and specifications, express his or her agreement or disagreement with the recommendations in the geotechnical report and state that the plans and specifications conform to his or her recommendations. If the site contains a geologic hazard regulated by the critical areas regulations, the preparation and content requirements of RMC 4-8-1200, Table 18 shall also apply. (Ord. 4835,3-27-2000) . Table 18 -Geotechnical Report -:-Detailed Requirements Landslide Coal> Coal Report Preparation/Content Steep Landslide Landslide -Very High. Seismic Mine-' Mine Requirements Slopes -Medium -High Erosion . High Medium High ., 1. Characterize soils, geology X X X 'X X X X X and drainage. 2. Oesaibe and depict all natural and man-made features within X X X X X X X X one hundred fifty feet (1S0¢) of the site boundary •. 3. Identify any areas that have previously been disturbed or X X ,X X X X ,X X degraded by human activity or natural process~. .. : 4. Characterize groundwater cOnditions including the presence of any public or private X X X X X X X X wells within one-quarter (1/4) mile of the site. 5. Provide a site evaluation review of available information X X X X X X X X regarding the site. 6. Conduct a surface reconnaissance of the site and X X X X X X X X adjacent areas. 7. Conduct a subsurface X X X X X X X X expl,oration of soils and 5 Volcanic Hazards ~ ~ ~ ~ Landslide Coal· Coal Report Preparation/Content Steep Landslide Landslide -Very High Seismic Mine-Mine Volcanic Requirements . Slopes -Medium . -High High Erosion Medium -Hazards High , hydrologic conditions. 8. Provide a slope stability X X X X X X X analysis. 9. Address principles of erosion control in proposal design including: Plan the development to fit the topography, drainage patterns, soils and natural vegetation on site; Minimize the extent of the area exposed at one time and the duration of the exposure; Stabilize and protect disturbed X X X areas as soon as possible; X X X X Keep runoff velocities low; Protect disturbed areas from . stormwater runoff; Retain the sediment within the site area; Design a thorough maintenance and follow-up inspection program to ensure erosion control practices are effective. 10. Provide an evaluation of site response and liquefaction X potential relative to the proposed development 11. Conduct sufficient subsurface exploration to provide a site coefficient (5) for X use in the Uniform Building Code to the satisfaction of the Building Official. 12. Calculate tiltS and strains, . and determine appropriate X X design values for the building site. 13. Review available geologic hazard maps. mine maps, mine hazard maps, and air photographs to identify any subsidence features or mine hazards including, but not limited to, surface depressions, X X Sinkholes, mine shafts, mine entries, coal mine waste dumps, and any indication of combustion in underground workings or coal mine waste dumps that are present on or within one hundred feet (100¢) of the property. 14. Inspect, review and X X 6 Landslide Coal Coal Report Preparation/Content Steep Landslide Landslide -Very High Seismic Mine-Mine Volcanic Requirements Slopes -Medium -High High Erosion Medium -Hazards High document any possible mine openings and potential trough subsidence, and any known hazards previously documented or identified. 15. Utilize test pits to investigate coal mine waste dumps and other shallow hazards such as slope entry portals and shaft collar areas. Drilling is required X X for coal mine workings or other hazards that cannot be adequately investigated by suriaceinvestigations. 16. Provide an analysis of proposed clearing, grading and construction activities including construction scheduling. Analyze X X X X X X X X potential direct and indirect on- site and off-site impacts from developmenl 17. Propose mitigation measures, such as any special construction techniques, monitoring or inspection programs, erosion or X X X X X X X X. .~ sedimentation programs during andafterconstruction,suriace water management controls, buffers, remediation, stabilization, etc. 18. Critical facilities on sites containing areas susceQtible to inundation due to volcanic hazards shall reguire an evacuation and emergen!<l£ management Qlan. The aQQlicant for critical facilities shall evaluate ~ the risk of inundation or flooding resulting from mudflows originating on Mount Rainier in a geotechnical reQort, and identify an~ engineering or other mitigation measures as aQQroQriate. .. Note: An ·X· indicates that the requirement applies in the identified critical area. 7 APPENDIX B MAPS: AQUIFER PROTECTION, FLOOD HAZARD, AND GEOLOGIC HAZARD RENTON MUNICIPAL CODE '.;/ ,.':";:~i~;dl Zone 1 ~ Zone 1 Modified :Wi~ Zone2 A X< City Limits FIGURE 4-3-050Q1 AQUIFER PROTECTtON ZONES o I 5280' 10560' I----'~~~~I 1" = 1 MILE I .. I APAZone 1 ~ APA Zone 1 Modified t ;:ttz:1:tJ APA Zone 2 ---Renton City Limits • Well or Spring Locations Figure 2-1 City of Renton Water Supply Sources and Aquifer Protection Areas o 1500 lOOO --------! CITY OF RENTON SENSITIVE AREAS FLOOD HAZARD AREAS ---Oly Limits o I 1500' ; 3000' I CITY OF RENTON SENSITIVE AREAS COAL MINE HAZARD -----City Umil& _ High Hazard c:::::=J Moderate c:::::=J UncIauifi.d e T~hn"," S."" ... ... am + PIannincIBu.· ildincfJ'qblK Wom ~ R. MacOnic:. O. V".n~$ki Printedt.ia),6.2002 o 1500 JOOO ........ 1:18,000 CITY OF RENTON EROSION HAZARD SENSITIVE AREAS 1501) .\U)() 1:IK,c)tX) CITY OF RENTON SLIDE SENSITIVE AREAS ---City Urnits D King County Hazard I1'iiI Moderate o High III Very High e-" Technical Services _(am. Planninc/Buildin,/PubJic Works ~ R. MacOnie, D. Yurnelti 'I Prinled February 2003 o 1500 3000 ________ I SEISMIC CITY OF RENTON SENSITIVE AREAS HAZARD AREAS -----City Limits _ High Hazard · , ' 40+% Slope ---Roads ---City Boundary Li~ Lakes - - -Municipality Boundaries Renton Steep Slopes For Reference Only 1 Inch = 1 Mile t@ stoo;;J . '. . ... o • PLATE II OPEN-FILE R_T OFR,.,a I Map D: Lower White and Green Rivers, and Duwamish River (continued from Plate I) 10 MILES o 10 KILOMETERS Contour Interval 100 meters 11/23/2004 18:21 2066897999 Law Offices of James C Hanken 9993«1 AveSune 3210 Seattle Wa 98104 Phone 206-689-1205 Fax 206·689-7999 Fax: l41.S) 430 -b 5 '23 Phone: He: PAGE 01/04 ',~' ,',,: :",,' " , I' •• . Law Offices of . ~~~~S· C Hanken . ':' , : '. I , I " From: James C Hanken Pages; Date: cc: o Urgent o For Review o Please comment 0 Please Reply o Please Recycle I , , The infon-nation contained in this facsimile message is attorney/dient priviieged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us via telephone and return the original message to us at the above address via the U.S. Postal Service. Thank You. 11/23/2004 18:21 2055897999 PAGE 02/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTO~ IN RE THE APPEAL OF D.N.S. ON CRITICAL AREAS REGULA nONS AND SHORELINES MASTER PROGRAM GMA INTEGRATION BY BARBEE & ALTION PROPERTIES AND lH.BAXTER AND CO. NO. LUA-04-084, ECF REPLY MEMORANDUM OF J.H. RAXTER AND CO. A. J.B. BAXTER & CO. HAS STANDING J.H. Baxter & Co. is a property owner by and through its membership in the Quendall Terminals Joint Venture. Quendall Tenninals owns propertj on Lake Washington which would be affected by the action under consideration. We once again adopt the rationale stated by Barbee Mill for J.H. Baxter and will not repeat those arguments here. Baxter's position is the same as Barbee except as to additional points hereinafter stated. B. REAL INJURY IN FACT Baxter property ownership is through Quendall Tenninals which has property within one hundred feet of Lake Washington which is severely cor·taminated by the actions of prior ownership. While Baxter has a legal obligation to contribute to the cleanup, the fact is that since 1985, J.H. Baxter has been unable to perfonn such cleanup, even though it has been legally an REPL Y MEMORANDUM OF J.H. BAXTER AND CO. - 1 LAW O~;:ICES O~ JAMES C. HANKEN 999 Tl-llt::O AVENUE. SUITe 3~'O SEATTLE, WASHINGTON 98104 (206) 689-1206 FAX (205) 569-7999 11/23/2004 18:21 2055897999 PAGE 03/04 1 obligation since at least that date. Baxter has diligently soug:!t to fmd other parties whose interest 2 and capacity in the remediation of the site would bring them there to clean that site up. It has 3 been unable to do so. The City of Renton has been an active player in this process both as a party 4 who has lent its financial and political support and/or as a p~rspective purchaser itself. Thus it is 5 completely familiar and knowledgeable about the status of the Quendall Tenninal site. 6 The existing physical envirorunent of this property is that within the shoreline area there is 7 contamination. It is that simple. Nothing more. The propert:.r is contaminated. 8 To argue that there is a legal responsibility to clean that up is to state the obvious. The 9 question is not whether there is a legal obligation but whether there is capacity to perform. The 10 present proposed ordinances, diminish the likelihood of that perfonnance. TIlflt is also a simple 11 fact. Thus, there is in fact an action being considered by the City of Renton that has adverse 12 impacts upon the environment because it "chills" the likelihood of remediation of contaminated 13 property in Renton. An EIS should be prepared 14 The City should not be allowed to evade its responsibility to consider the adverse impacts 15 of its action by assertion that this is a socioeconomic consideration. The very act of increasing 16 the setback provisions and taking the property away from a non-buildable category does in fact 17 limit the likelihood of remediation. This is a direct result of this action. An EIS should be 18 required to evaluate this adverse environmental impact. 19 Adverse consequences to the environment will occur by virtue of this ordinance if adopted 20 in its present form. This is a more than likely than not a consequence if the ordinance is not 21 modified to take into account the requirements of the Department of Ecology in its permitting 22 process. 23 24 REPLY MEMORANDUM OF . J .H. BAXTER AND CO. -2 LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE. SUITE 3210 SEATILE. WASHINGTON 95104 (206) 689-1205 "AX (lOB) ees.7999 11/23/2004 18:21 2066897999 PAGE 04/04 1 C. CLOSING 2 The nature of this response is basically a closing argument on behalf of J.H. Baxter. We 3 urge the court to recognize the reality that there is significant adverse impact upon the 4 environment if remediation is in any way prevented or lessened by the action taken by the City of 5 Renton in this ordinance process. As constituted, this ordinance will lessen the likelihood of a 6 remediation and/or the extent of remediation by the nature of its frustration of the ability to utilize 7 the property. Thus, an environmental impact statement shol'ld be required before this ordinance 8 is moved fo:rward to adoption. A 9 DATED this 2'2.:day of November, 2004 at Seattle, Washington. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 REPLY MEMORANDUM OF J.H. BAXTER AND CO. - 3 Respectfully Submitted by, LAW OFFICES OF JAMES C. HANKEN . James c. Hanken WSBA# 1516 GAttome~' for J. H. Baxter & Co. LAW.OFi'ICES OF JAMES C. HANKEN 999 THIRD ",VENUE. SUITE 3,.10 SEATTLE. WASHINGTON 8al0L 12061 689. 1 20S FAX (208) 889·7999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON BARBEE FOREST PRODUCTS, INC, ) BARBEE MILL CO., INC., & ALTINO ) PROPERTIES, ) No. LUA-04-084 ECF ) Appellants, ) BARBEE'S REPLY ) MEMORANDUM v. ) ) CITY OF RENTON, ) ) Res:Qondent. ) I. REPLY A. The Barbee Entities Have Standing. While Barbee is undoubtedly concerned about protecting the economic value of its property in the City of Renton, its SEPA claim is based on the City's failure to consider the full scope of environmental impacts of the CAO Amendments-particularly those environmental impacts resulting from the CAO Amendments' reduction in buildable lands. Kucera v. Dep't o/Transportation, 140 Wn.2d 200,212-13,995 P.2d 63 (2000). Barbee has standing to challenge the City's threshold determination based on alleged impacts to Barbee's property in the City of Renton and to Barbee's right to a healthful environment in the City Renton. According to Washington's highest court: A sufficient injury in fact is properly pleaded when a property owner alleges immediate, concrete, and specific damage to property, even though the allegations may be speculative and undocumented. Davis Wright Tremaine LLP LAW OFFICES BARBEE'S REPLY-l SEA \S7798\v\ 26266·9 2600 Century Square· ISOI Fourth Avenue Seattle, Washington 98101-1683 (206) 622·3150 . Fax: (206) 628·1699 1 Id. (citations omitted). Property owners affected by the CAD Amendments have standing 2 to invoke SEPA. Id. at 213-214; see also RCW 43.21C.020 (setting forth each person's 3 right to a healthful environment). 4 Here,. Barbee has specifically pleaded immediate, concrete, and specific damage to 5 its right to a healthful environment and to Barbee's property along Class 1 waters. Barbee 6 has alleged that the reduction in buildable lands will adversely impact property that Barbee 7 owns in the City of Renton both by concentrating densities on Barbee's property and in the 8 City generally, without evidence that the property and the environment can withstand such 9 concentrated densities. See discussion, infra, Part B, regarding City's burden. The record 10 supports Barbee's allegations that the CAO Amendments, on their face, will remove 11 between 9.5 million and 19 million square feet ofland of from the City's inventory of 12 buildable lands, that such removal will necessitate significantly higher densities, and that 13 higher densities have the potential to increase erosion and runoff, deplete scenic resources, 14 enhance noise, impede the movement and circulation of people and goods, impede views 15 and diminish aesthetics. See WAC 197-11,.444 (listing elements of the environment); 16 WAC 197-11-7 40 (defining environment to refer to physical environmental quality); see 17 also RCW 43.21C.030 (emphasizing that SEPA policies are to be administered and 18 interpreted "to the fullest extent possible''). 19 In contrast to the facts in Trepanier v. Everett, where the appellant argued that that 20 reduced densities in the City of Everett would necessary result in increased densities in 21 Snohomish County, here, even the City acknowledges that the CAO Amendments will 22 reduce buildable lands in the City of Renton and such reduction will necessarily increase 23 densities in the City. See City Response, pp. 8, 11 (acknowledging that clustering 24 development presents the potential for significant adverse impacts on the environment and 25 hence the City analyzed clustering in an EIS in 1993). The reduction of buildable lands by 26 tens of millions of square feet and the corresponding increases in densities that must occur 27 BARBEE'S REPLY-2 SEA 1577981vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square' )50) Fourth Avenue Seattle. Washington 9810).1618 1206\ 622-3150 . Fax: 12061 628-7699 1 in order to reach growth projection estimates have the potential to result in more than a 2 moderate impact on the environmental health of the City and its residents, and as a resident 3 and property owner in the City of Renton, Barbee is harmed by inadequate consideration of 4 environmental impacts. Save a Valuable Environment v. Bothell, 89 Wn.2d 862, 576 P.2d 5 401 (1978). 6 The City unduly broods over the fact that Barbee is not alleging an immediate, site 7 specific impact of the CAO Amendments. See City's Response, pp. 3, 6. But, the action is 8 question is a nonproject action-a City-wide plan that is intended to and will impact the 9 environmental health of the City as a whole-and Barbee, as a member of the community 10 and an owner of property stands to be adversely affected by, at minimum, the cumulative 11 impacts of that comprehensive planning action. Barbee does not have to show that the 12 CAO Amendments will directly and adversely impact Barbee's ability to develop property 13 that Barbee owns in the City; it merely needs to show that the CAO Amendments will 14 re4uce buildable lands, increase densities, and present more than a moderate likelihood that 15 the environmental health in the City of Renton, as currently enjoyed by Barbee, will be 16 significantly and adversely impacted. See Bellevue v. King Cy. Boundary Review Bd., 90 17 Wn.2d 856, 867-68, 586 P.2d 470 (1978) (record failed to show sufficient deliberation and 18 consideration of impacts of annexation); see discussion, infra, Part B. 19 RCW 43.21C.031 mandates that an EIS be prepared when significant adverse 20 impacts on the environment are "probable," not when they are "inevitable." See King 21 County v. Boundary Review Bd., 122 Wn.2d 648, 663,860 P.2d 1024 (1993). The alleged 22 injury, while a future injury and not a present one, is concrete and specific; the absence of 23 specific development plans or immediate land use changes flowing from the proposed 24 action does not make allegations of injury speculative or conjectural. Id. Barbee alleges 25 that Barbee's property andlor Barbee's environmental health will be adversely impacted as 26 27 BARBEE'S REPLY-3 SEA IS77981vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle:, Washington 93101-1618 (206) 622-3150 . Fax; (206\ 621-1699 1 a result of the CAO Amendments, and hence Barbee has pleaded a sufficient injury in fact. 2 See Kucera, 140 Wn.2d at 213_ 3 B. The City Has the Burden of Justifying Its DNS. 4 In implementing the policy against cursory environmental review, the Washington 5 Supreme Court has stated routinely that "[t]he burden is upon the governmental body 6 subject to SEP A to show that it made a threshold det(;!rmination which' demonstrate [ s] that 7 environmental factors were considered in a manner sufficient to be a prima facie 8 compliance with the procedural dictates of SEP A. '" City of Bellevue v_ King County 9 Boundary Review Bd., 90 Wn. 2d856, 867, 586 P.2d 470,477 (1978) (quoting Lassila v. 10 City of Wenatchee, 89 Wn. 2d 804, 814,576 P.2d 54, 59-60 (1978)); see also, e.g., Sisley 11 v. San Juan County, 89 Wn.2d 78,84,569 P.2d 712 (1977); Gardner v. Pierce County 12 Board of Commissioners, 27 Wn. App. 241,242,617 P.2d 743 (1980); Juanita Bay Valley 13 Comm 'ty Ass'n v. Kirkland, 9 Wn.App. 59, 72, 510 P.2d 1140 (1973). 14 For instance, Gardner v. Pierce Count)' Board of Commissioners concerned a 15 SEP A approval for a preliminary plat, the soils of which were of questionable and 16 unstudied suitability for sewage retention or attenuation. 27 Wn. App. at 242. Neighbors 17 of the development drew water from wells in the vicinity of the site. The court responded 18 to the alleged failure on the part of the challengers to demonstrate the probability of 19 adverse impacts to groundwater by holding that the prima facie case of the lack of adverse 20 impacts was the government's burden to meet. Id. at 245. The court's prima facie 21 mandate indicates that to receive the judicial deference otherwise deserved, the agency 22 must prepare an administrative record proving that the agency has acted as required. See 23 Keith Hirokawa, The Prima Facie Burden And The Vanishing SEP A Threshold: 24 Washington's Emerging Preference For Efficiency Over Accuracy, 37 Gonz. L. Rev. 403, 25 410 (2001); see also, e.g., Juanita Bay Valley Community Ass 'n v. Kirkland, 9 Wn.App. 26 27 BARBEE'S REPLY-4 SEA 1577981vl 26266-9 Davis Wright Tremaine LLP LAW OffICES 2600 Century Square· )501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3150 . Fa><: (206) 628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 59, 73, 510 P.2d 1140 (1973) (holding that RCW 43.21C.030(2)(c) requires government be able to demonstrate sufficient consideration of environmental factors). The agency's administrative record should illustrate the ways the particular proposal does or does not affect the environment; a mere conclusion does not suffice. See City of Bellevue v. King County Boundary Review Bd., 90 Wn. 2d 856, 867, 586 P.2d 470, 477 (1978). The City of Bellevue court found that, based on review of the entire record: The record fails to show sufficient deliberation and consideration and contains little other than the conclusion that an EIS is unnecessary .... The materials to which Redmond and the board refer us contain nothing which would suggest that the board did anything other than accept this conclusion; they reveal a naked decision not to take any action under SEP A, a decision which is devoid of any serious consideration of environmental factors. Id. Although the court fell short of issuing objective criteria to apply in subsequent cases, it is evident here, for reasons discussed immediately below, that the City of Renton failed to adequately consider the environmental impacts of the CAD Amendments .. c. The City Has Failed to Adequately Consider Impacts. Where any particular information would be essential to a reasoned decision and "the costs of obtaining it are not exorbitant, agencies shall obtain and include the information in their environmental documents." WAC 197-11-080. An independent . review requires the agency t? perform review by obtaining information essential to the decision making process. WAC 197-11-330(1)(a)(i). The City, to date, has not even calculated the total acreage that is likely to be eliminated from the City's buildable lands inventory as a result of the CAD Amendments; at least the record contains no such calculation. The City's August 12,2004 Buildable Lands Analysis purports to address the impact of proposed stream regulations, but any common sense review of such analysis makes clear that it is conclusory and flawed; the analysis discounts only Class 1 waters themselves, not the buffers that will be unbuildable BARBEE'S REPLY-5 SEA 1577981vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· ISOI Fourth Avenue Seattle, Washington 98101.1681 (2061622-3150 • Fax: (2061 628-7699 1 as a result of the CAO Amendments. See Shallbetter Decl., Ex. D (City's August 12,2004 2 Buildable Lands Analysis). 3 The public should not bear the burden of ensuring that a lead agency at least looked 4 at the probable environmental impacts of a project proposal, a fact recognized in the SEP A 5 regulations on the basis of the public's limited resources. WAC 197-11-550(7). The City 6 merely concludes, without support, that a DNS is appropriate despite vast reductions in 7 buildable lands because: (1) the City's 2002 buildable lands analysis, as supplemented by 8 the 2004 supplement to the CAO Amendment Staff Report, shows that the City has 9 sufficient excess land capacity to handle the reduction in buildable lands, and (2) the City's 10 CAO Amendments still allow density to be calculated for development purposes as if the 11 critical areas and buffers were actually developable. See Shallbetter Decl., Ex. A (Renton 12 August 17, 2004 Environmental Review Committee Report, p. 3 and Review Draft 13 Responses to Comments, pp. 7-8); see also Shallbetter Decl., Ex. D, esp. footnote 2 and 14 notes (City's-August 12,2004 Buildable Lands Analysis); Barbee addressed the City's 15 purported justifications head-on in Barbee's opening brief and the City has yet to respond 16 to Barbee's analysis. See Barbee's Hearing Memorandum, Part IV.B.I-2. 17 The City's first justification fails because the buildable lands analysis that showed 18 . excess capacity failed to calculate the total lands that would be unbuildable as a result of 19 the CAO Amendments (increased buffers and no-build zones) and then failed to reduce the 20 City's available lands by such figure. See Barbee's Hearing Memorandum, Part IV.B.l. 21 The second justification fails because it is based on an unsubstantiated presumption- 22 namely, that increasing densities that will be required as a result ofthe reduction in 23 buildable lands (and the City has not calculated to what extent densities will need to be 24 increased) will have no adverse impact on the environment-be it in terms of erosion 25 (more structures and weight on less ground area), interference with views (i.e. increased 26 27 BARBEE'S REPLY-6 SEA IS77981vi 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· ISOI Founh Avenue Seattle, Washington 98l01-1683 (2061622-3150 . Fa., 12061628-7699 1 densities will require increased heights), degradation of water quality, or impediments to 2 circulation. See Barbee's Hearing Memorandum, Part IV.B.2. 3 The City appears to have conceded that increased densities have the potential to 4 significantly and adversely impact the environment. See City's Response, pp. 8, 11. 5 Indeed, the probable significant adverse impacts associated with concentrating more 6 development on less land was addressed in an EIS that City prepared in 1993 for its zoning 7 regulations. See City's Response, pp. 8, 11. The City effectively admits that concentrating 8 densities on a small portion of land has the potential to create significant adverse impacts 9 on the environment. City's Response, pp. 8, 11. 10 The City argues, however, that having already evaluated the impacts of "clustering" 11 in the 1993 EIS, the City has no obligation to evaluate the impact of the reduction of 12 millions of square feet of buildable land from the City's inventory and the necessary 13 increase in densities that will result therefrom. City's Response, pp. 8, 11. The City's EIS 14 evaluating the impacts of clustering, however, was based upon certain densities and the 15 availability of certain amounts ofland and open space. The CAO Amendments necessarily 16 alter the underlying facts upon which the clustering analysis was based (i.e. with the CAO 11 Amendments, there will be less land available for clustering, and clustering may need to 18 occur at higher densities). Hence, at minimum the City needs to prepare a supplemental 19 EIS ("SEIS"). See WAC 197-11-600(3)(b). 20 21 22 23 24 25 26 27 D. If Anything, Barbee Has Underestimated the Reduction in Available Buildable Lands. The City's attempt to rebut Barbee's approximate of the amount of land that stands to be removed from the City's buildable lands by virtue of the CAO Amendments is a red herring. City's Response, pp. 13-15. What is noteworthy is that even if one were to err on the conservative side in calculating the amount of property that will be removed from the City's buildable land, the City would be removing several million square feet of property from the available buildable lands-a significant amount of property. BARBEE'S REPLY-7 SEA 1577981vl 26266·9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· ISOI Fourth Avenue Seattle, Washington 9&101-1688 (206\ 622-3150 . Fax: (206\ 628-1699 1 Nonetheless, Barbee feels obliged to respond directly to the points raised by the 2 City. First, the City has failed to show any error in the assertion that the City has 18 miles 3 of Class 1 waters. See, e.g., RMC 4-3-090(E) (stating that 18 miles of shorelines in 4 Renton are under the jurisdiction.ofthe Shoreline Management Act). 5 Second, the City's assertion that Barbee erred in using 100 feet as the amount of 6 buffer that will exist along the 18 miles and be reduced from the City's buildable lands 7 analysis, and that Barbee should have used merely 75 feet since that is the amount by 8 which the buffers on Class 1 streams are increasing, is erroneous. City's Response, p.15. 9 Barbee appropriately used 100 feet because the City never deducted the existing 25 foot 10 buffers from its builable lands analysis in 2002 or in 2004. See Shallbetter Decl., Ex. D. 11 Finally, the City takes issue with Barbee's doubling of its number of buffer square 12 feet in order to account for potential buffers on either side of streams and rivers. City's 13 Response, pp. 14-15. Barbee, however, openly acknowledged its method of calculation at 14 the hearing, and Barbee was the fIrst to point out that the 19 million-plus fIgure was an 15 overestimate given that Lake Washington constitutes a large portion of the City's Class 1 16 . waters and hence buffers along Lake Washington will be just 100 feet, instead of the "100 17 . feet on each side" that is required of streams and other Class 1 waters. If one were to 18 assume that buffers would only be required on one side of all Class 1 waters, the City 19 would still be removing upwards of 9 million square feet of lands from its inventory-j ust 20 for Class! buffers. Buffers for other critical areas, including wetlands and habitat 21 conservation areas, also need to be deducted. In light of that, Barbee's illustrative 22 examples, if anything, probably underestimate the reduction in buildable lands that will 23 result from the CAO Amendments. 24 The City concedes that the CAO Updates will necessitate increased densities and 25 reduce buildable lands, but the City has failed to actually consider how much buildable 26 lands will be reduced, how much densities will be increased, and whether such reductions 27 BARBEE'S REPLY-8 SEA 15T7981vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2GOO Century Square' 1501 Fourth Avenue Seattle, Washington 98101·1688 12061 622-31 SO . Fax: 12061621-7699 I and increases will have significant adverse impacts that are not mitigated under current 2 regulations. In neglecting to undertake such analysis, the City has failed to fulfill the 3 policies and purposes of SEP A. Kucera v. Dep 't o/Transportation, 140 Wn.2d 200, 212- 4 13, 995 P.2d 63 (2000); Norway Hill Preservation & Protection Ass 'n v. King County 5 Council, 87 Wn.2d 267, 273-76,-552 P.2d 674 (1976). 6 Although the City did perfonn an EIS for its 1993 clustering provisions, that II . 7 year old EIS obviously could not take into consideration the fact that the new CAO 8 Amendments would remove tens of millions of square feet of developable land from the 9 mix. The City has done no analysis to indicate whether existing zoning classifications and 10 available land will be able to contain the increased densities that will necessarily result II from the CAO Updates. Indeed, the City has provided no evaluation of what zones will be 12 available to handle the increased densities and whether the increased densities are within 13 the densities pennitted under the City's existing Comprehensive Plan and zoning 14 designations. 15 where any particular infonnation would be essential to a reasoned decision and 16 "the costs of obtaining it are not exorbitant, agencies shall obtain and include the 17 infonnation in their environmental documents." WAC 197-11-080. While the City may 18 have considered clustering in its EIS for the COR zoning, such clustering necessarily 19 assumed lower densities and more available land. Barbee does not object to clustering per 20 se, and Barbee acknowledges that the City has evaluated the impacts of clustering under 21 the assumption that the City has between at least 9.5 and 19.5 million more acres to cluster 22 development upon than the City actually will have after the enactment of the CAO 23 Amendments. 24 II. CONCLUSION 25 Where an agency finding of "no significant environmental impact" has been 26 challenged, the scope of review is broad and the search for factors indicating more than a 27 BARBEE'S REPLY-9 SEA 1577981vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century'Square . 1501 Foulth Avenue Seattle, WuhingtoD 9810~.16aa (2061622·] 150 • Fox: /2061 ';28-7699 1 2 '3 4 5 6 7 8 9 10 11 12 13 14 moderate effect on the environment must be considered in light of the public policy of SEPA. Sisley v. San Juan County, 89 Wn.2d 78,84,569 P.2d 712 (1977); ASARCO Inc. v. Air Quality Coalition, 92 Wn.2d 685, 700-01, 601 P.2d 501 (1979). In applying the "clearly erroneous" standard, the court is "expected to do more than merely determine whether there is substantial evidence to support an administrative or governmental decision. The entire record is opened to judicial scrutiny and the court is required to consider the public policy and environmental value of SEP A as well. Sisley, 89 Wn.2d at 84. Indeed, the policy of SEP A is to ensure via a "detailed statement" the full disclosure of environmental information so that environmental matters can be given proper consideration during decision making. Norway Hill Preserv. & Protec. Ass 'n v. King County, 87 Wn.2d 267, 552 P.2d 674 (1976). The City's incorrect threshold determination thwarts such policy. Id. Here, the City's record supporting its DNS contains primarily assertions, uminsweredquestions, and a paucity of detailed information-particularly with respect to 15 . the issue of the impacts that buffers will have on buildable lands inventory and densities 16 (and resultant impacts on environmental health). The analysis does not even calculate the 17 18 19 20 21 22 23 24 25 26 27 total square footage of buildable lands that will be taken off-limits from development as a result of the CAO Amendments. Barbee is not required to provide expert evidence or testimony of the actual impacts thatwill result from a nonproject action; Barbee need only show that the proposed action poses a reasonable probability of "more than a moderate" adverse impact on the environment. Alpine Lakes, 102 Wn.App. 1, 15-16,979 P.2d 929 (1999); ASARCO Inc. v. Air Quality Coalition, 92 Wn.2d 685, 700-01, 601 P.2d 501 (1979). Barbee has met such showing and hence an EIS-or at minimum an SEIS must be prepared. BARBEE'S REPLY-I0 SEA IS7798IvI26266-9 Davis Wright Tremaine Ll,P LAW OFFICES 2600 Century Square· ISOI Fou~th Avenue Seattle, Washinston 91101-1688 (206) 622-3150 . Fa.: (206) 62&-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DATED this 23rd day of November, 2004. BARBEE'S REPL Y-11 SEA 1577981vl 26266·9 Davis Wright Tremaine LLP Attorneys for Appellants Barbee Mill Barhel! Forest Products, and Alti Pro Davis Wright Tremain" LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 9&101-1688 1206\ 622·31 SO . Fa,,, 1206\ 628·7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON IN RE THE APPEAL OF D.N.S. ON CRITICAL AREAS REGULATIONS AND SHORELINES MASTER PROGRAM GMA INTEGRATION BY BARBEE & ALTINO PROPERTIES AND I.H. BAXTER AND CO. I. NO. LUA-04-084, ECF BRIEF OF CITY OF RENTON FACTS The City of Renton has been required by state law to update its Comprehensive Plan, Critical Areas Regulations and Shorelines Master Program (hereinafter Updates). As part of that update process, the City did an environmental review. The City'S responsible public official under SEP A, the Environmental Review Committee (ERC), issued a determination of non-significance (DNS) concerning the Update. From this PNS, Barbee Forest Products, Inc., Barbee Mill Company, Inc., and Altino Properties (hereinafter Barbee) filed an appeal. Similarly, I.H. Baxter and Co. (Baxter) filed an appeal. III III III BRIEF OF CITY OF RENTON - 1 ORIGINAL WARREN BARBER e FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 3 II. AUTHORITY AND ARGUMENT 11 A. STANDING 5 l. Appellants Lack Standing 6 As a threshold matter, Appellants must have standing to lodge these appeals. They 7 do not. The test for standing in a SEP A appeal was enunciated in Trepanier v. Everett, 64 8 Wn. App. 380, 382, 824 P.2d 524 (1992): 9 10 11 12 13 111 15 16 17 18 19 20 21 22 23 211 25 26 27 28 The courts apply a 2-part test in determining whether a person or entity has standing to challenge a SEP A determination. First, the interest that the petitioner is seeking to protect must be "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question." Second, the petitioner must allege an 'injury in fact,' i.e., that he or she will be "specifically and perceptibly harmed" by the proposed action. (Citations omitted.) In the hearing before the Hearing Examiner, on November 16, 2004, neither Appellant offered any evidence of any injury in fact that would be specific to them. Their presentation consisted of speculation and conjecture about impacts to the City as a whole. Renton argued at the time that Appellants lacked standing. However, the Hearing Examiner indicated he was not inclined to dismiss the appeal at that point on standing grounds because these Appellants own land in the City. Therefore, to the degree that Appellants have land that they claim may be affected by the adoption of the Updates, Renton will respond. However, any effort by Appellants to rely on alleged harms to other property owners should not give them standing. Trepanier, supra makes it clear that the harm about which the Appellants complain must be their own. Renton does not concede that these Appellants have standing at all, but BRIEF OF CITY OF RENTON - 2 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 25S~8678 • FAX (425) 255.5474 1 2 3 11 5 6 7 8 9 10 1 1 expressly objects if they attempt to rely on standing to complain about other people's lands. 2. Injury in Fact "In order to show 'injury in fact,' the Buckley Plateau Coalition must present testimony or affidavits indicating it will be adversely affected by Pierce County's decision to issue the MDNS and not to require an EIS." Anderson v. Pierce County, 86 Wn. App. 296,299,936 P.2d 432 (1997). Appellants here have not offered any testimony or affidavits showing they will be adversely affected by Renton's decision to issue a DNS and not to require an EIS. Barbee offered no testimony at the hearing. Counsel for Barbee, not a witness and not subject to cross-examination, did offer exhibits attached to 12 13 111 15 16 17 18 19 20 21 22 23 211 25 26 27 28 her declaration. All but two of those documents were generated during the City's Update process and were in the record. The two that were not in the record related to a proposal on a parcel of land that has vested to the regulations that pre-date these updates. So, there was no evidence offered by Barbee showing they (Barbee) will be adversely affected. There was considerable speculation and conjecture, but no evidence. Only one witness was called at the hearing. He testified only generally about his experience with a different site. And, while he did testify that it would not be feasible to remediate the pollution on the Baxterl parcel, that involves an economic consideration that is not proper for SEP A revIew. These Appellants have not offered any evidence to show an injury in fact that is specific to them. Therefore, they lack standing to prosecute this appeal. I Barbee owns an interest in this parcel. However, Barbee did not incorporate Baxter's arguments related to this parcel. Barbee did not offer any evidence relating to this parcel. BRIEF OF CITY OF RENTON - 3 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-S4H 1 2 3 4 B. ECONOMICS AND SOCIO-ECONOMIC CONCERNS ARE NOT SEPA ISSUES. In their appealletters2 Appellants argue that the environmental analysis must 5 identify and explain the impacts of the proposed regulations on the economic and socio- 6 economic development of the City. In support of this position, Appellants quoted a portion 7 of WAC 197-11-448. However, their quotation is out of context and is misleading in that 8 it quotes only the first sentence of that WAC section, while a later portion of that WAC 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 refutes their argument. What Appellants omitted is the following language: The EIS provides a basis upon which the responsible agency and officials can make the balancing judgment mandated by SEPA, because it provides information on the environmental costs and impacts. SEPA does not require that an EIS be an agency's only decision-making document. (Emphasis added.) That WAC provision goes on. WAC 197-11-448(2) states: The term "socio-economic" is not used in the statute or in these rules because the term does not have a uniform meaning and has caused a great deal of uncertainty. Areas of urban environmental concern that must be considered are specified in RCW 43.21C.ll0 (1)(f), the environmental checklist (WAC 197-11-960), 197-11-440, and 197-11-444. In rejecting use of the term socio-economic, WAC 197-11-448(2) cites RCW 43.21 C.ll 0(1 )(f). That statutory section contains definitions, including the establishment of a list of elements of the environment. Neither economic nor socio-economic development is listed as elements of the environment. WAC 197-11-960 contains a form for the environmental checklist. Again, economic and socio-economic development is not included within the checklist. WAC 197-11-440 discusses the EIS contents, and does not mention economic and socio-economic development. WAC 197-11-444 lists the elements 27 28 BRIEF OF CITY OF RENTON - 4 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the environment and for the fourth time does not list economic and socio-economic development as elements of the environment. WAC 197-11-448(3) reinforces the fact that economics is not an environmental Issue. Subsection (3) provides: Examples of information that are not required to be discussed in an EIS are: methods of financing proposals, economic competition, profits and personal income and wages, and social policy analysis (such as fiscal and welfare policies, and non-construction aspects of education and communications). Economics and socio-economics development are not legitimate topics of discussion in an environmental checklist or an EIS. Rather, they refer to other policies that the decision maker should consider and balance in making the final determination whether or not to move forward with a proposal. Appellants would have SEP A be the only consideration of the City Council, but SEP A is only one of the elements that must be considered by the decision maker in deciding to proceed or not proceed with this non- project action. This approach makes sense. Before SEP A was enacted, the driving force behind development was the economic benefit to the developer (landowner) and, sometimes, to the cities. SEP A then came along and required that society must now consider environmental factors. SEP A then would weigh on the balance to offset the economically driven pattern of development and planning. So, SEP A excludes economics in the environmental analysis because SEP A is supposed to be balanced against such other influences. WAC 197-11-448 stands for the proposition that SEP A analyzes environmental impacts. The cited WAC section does not require the analysis being demanded by 2 Baxter adopted Barbee's issues in Barbee's appeal letter. BRIEF OF CITY OF RENTON - 5 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OffiCE BOX 626 RENTOS. WASHINGTON 98057 PHONE (425) 255·8678 • FAX (425) 255.5474 1 2 3 q 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 2q 25 26 27 28 Appellants. Therefore, the City's failure to consider Baxter's economic concerns cannot support the requirement of an EIS. C. APPELLANTS HAVE NOT MET THEIR BURDEN OF PROOF 1. Appellants' Burden In order to advance their case, Appellants must present their case with evidence of injury in fact. Mere speculation and conjecture are not sufficient to sustain their burden of proof. As stated in Trepanier v. Everett, supra, at 383: Further, when a person alleges a threatened injury, as opposed to an existing injury, he or she must show an immediate, concrete, and specific injury to him or herself. If the injury is merely conjectural or hypothetical, there can be no standing. (Citations omitted) In Trepanier, the plaintiffs threatened injury was that several sections of the zoning code would reduce allowable densities and development potential within the City, thereby transferring growth into the County. The court found that this was an unsupported assumption and that the argument was fatally flawed, as it has no factual support in the record. The arguments made by Appellants Barbee and Baxter are equally flawed. Neither Appellant has offered any evidence of "immediate, concrete, and specific" injury to Appellants. Rather, the Appellants speculate that changes in buffer widths and other regulations would "concentrate densities elsewhere within the city to offset the elimination of buildable lands under the proposed amendments," and that the City has failed to consider the impacts that the updates would have on "population allocations." These alleged harms are not theirs. Appellants have failed to show how concentrating densities BRIEF OF CITY OF RENTON - 6 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW .00 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on their parcels creates an environmental consequence, much less a significant adverse one.3 2. Baxter's Case: Baxter has adopted the arguments of Barbee and raised a rather novel backdoor approach to SEP A. Basically, Baxter is attempting to make an economic argument sound like an environmental one. Baxter offers no authority for its approach. For that reason alone, it should be summarily disregarded. Renton understands Baxter's position to be, "we won't have any monetary incentive to remediate if these updates are enacted. And, if we don't have any monetary incentive to remediate the creosote and other pollutants that we or our predecessors in interest put here, the pollutants will continue to sit on the parcel and that is an environmental problem." This is an interesting argument when you consider that existing law requires these landowners to clean their property, whether or not the City adopts the Updates. What Appellants are saying is that the City must ensure that they can afford to clean up their property. There is absolutely no authority for that proposition of which the City is aware. And, none has been offered by the Appellants, despite the amount of time they had to research that issue and prepare their brief before the hearing. What this appeal issue appears to say is that the City is required to guarantee that there is enough value in the contaminated parcel that it could be sold for enough money to pay for the remediation. There was no guarantee of any level of value before the regulations were modified. Appellant should not be allowed to bootstrap an independent 3 Renton realizes that this sounds like the standing arguments made above. In land use and SEP A cases, these are intertwined concepts. Renton will do its best not to be too repetitive. BRIEF OF CITY OF RENTON - 7 WARREN BARBER f::J FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OffiCE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255.5474 1 2 3 11 5 6 1 8 9 10 1 1 12 13 111 15 16 11 18 19 20 21 22 23 211 25 26 21 28 obligation to clean up polluted property into an environmental appeal and try to create a guarantee of a particular monetary value to his land. This is nothing more than an economic argument. Therefore, Baxter has not met its burden either. But, more importantly, the updates will not pose an obstacle to the land's development in an economically feasible fashion. Renton will tum its attention to the Barbee Mills appeal and address this issue there. D. BARBEE MILL'S CASE 1. Renton's Updates are not the Obstacle, Appellants' Self-Imposed Limits Renton interprets Appellants' argument to be: If you impose these 100 foot buffers, and you still allow us to build the same number of units we would have been able to build without the buffers, then we will have to cluster them on the site. Appellants claim there is an environmental impact by doing this. They fail to identify the specific impact; rather, they rely on a "sky is falling" approach. There is no environmental impact related to this clustering. Renton examined that in 1993 when it zoned the Appellants' property and did an EIS. In 1993, the city of Renton adopted the zoning that currently applies to the land owned by these Appellants. The parcels at issue are zoned COR 2. The Renton Municipal Code sections that relate to COR zones and are relevant to this discussion are RMC 4-2-020(0); 4-2-060(C through R); 4-2-070(0); and 4-2-120(B). A review of those sections will lead the reader to conclude that there is considerable flexibility in the nature of uses that would be permitted on the Appellants' parcels as well as the heights that would be permitted. For example, RMC 4-2-120(B) provides that a BRIEF OF CITY OF RENTON - 8 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development can go as high as 10 stories and/or 125 feet. (See page 2-124 of Title IV of RMC). Further, the Code permits 25 dwelling units per acre, before any bonuses. In terms of permitted uses, RMC 4-2-070(0) contains the list. For example, the COR zone permits attached dwellings, office uses, retail uses, hotels, on-site services, and existing industrial uses, to name a few. There are others that are allowed with conditional use permits. When Renton zoned Appellants' properties COR, Renton contemplated mixed uses. The very thing about which these appellants complain (clustering of the residences) is the very thing Renton considered, planned for, and encouraged by zoning the subject parcels COR. To expect Renton to do another EIS on this point, when it did one in 1993, is inappropriate. Barbee's counsel attached two renderings of a project proposed for the parcel owned by Barbee (not before the Hearing Examiner as the development proposal pre-dates the Update and is vested to existing regulations) as "demonstrative evidence" of what could have happened to Barbee's proposal if these Updates could have been imposed on that development. The problem with Barbee's position, relating to this demonstrative evidence, is that it (Barbee) is imposing limitations on its own plans. Barbee's proposal is not for a mixed use. They are single family attached dwellings: Town Houses. The height will not be near the 125 feet permitted in the zone. The number of stories will not be the ten that are permitted in the zone. Their density is approximately 5 dwelling units per acre (Shallbetter Decl., pg 10, line 5) which is at the lowest end of the density allowed on the property, per RMC 4-2-120B and far less than the maximum 25 units per acre permitted. For 22.9 acres, the size of the Barbee parcel (see, Shallbetter Decl., pg. 10, line 5) a density of 115 units is just not that great when you consider that the property could support 25 BRIEF OF CITY OF RENTON - 9 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OffiCE BOX 626 RENTON. WASHINGTON 98057 PHONE (42S) HS·8678 • FAX (425) 255.5474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 units per acre. Barbee's example is not a good one. So, Appellants' having offered this example as dispositive is disingenuous. Baxter's only witness described the difficult economic restrictions due to the 100 foot buffers. Once again, that testimony was directed at a strictly residential use. Baxter did not explore with its witness whether the same economic concerns would have applied if BaxterlBarbee would have built on the land as the COR had truly contemplated. That would have been the proper inquiry if Appellant Baxter sought to meet his burden of proof. Here is yet another example of how Appellants, not Renton's Update, have hobbled themselves. According to the Updates, a landowner can develop within, yes, within, the 100 foot buffer in certain instances. For example, the landowner can develop 25 feet from the shoreline (this is the same distance in existing regulations) ifhe/she is developing a water dependent use (e.g. marina or other use meeting the definition in RMC 4-11-230)4 and the use does not require an abutting shoreline location. If the landowner were to develop a water enjoyment use (i.e., restaurants, hotels, mixed use commercial/office, or other uses meeting the definition in RMC 4-11-230) the landowner can develop 50 feet from the shoreline, which is very similar to the commercial setback already required in the Renton Shoreline Master Program at RMC 4-3-090(L)(5)(d). And, ifan abutting shoreline IS needed, then there is a zero buffer. So, once again, if Baxter or Barbee decides to build a mixed use with a water dependent use, there is no 100-foot buffer requirement. (See, page 115 of the Draft Best Available Science Regulation Amendments, July 13,2004.) 4 While this definition pre-existed the Updates it is in the record on page 244 of the Draft Best Available Science Regulation Amendments, July 13,2004.) BRIEF OF CITY OF RENTON -10 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255·8678 • FAX (425) 255.5474 1 2 3 II 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 211 25 26 27 28 Renton's proposed Update does not create any of the problems about which Appellants complain. The Appellants' self-imposed limitations on what they want to do with their land affect what they may do. This is not an environmental consequence. These Appellants have another preliminary problem. This appeal is untimely in two respects. 2. Appellants' Appeals are Untimely a. Clustering: Appellants appear to complain that because the Update allows a landowner to build the same number of units as he/she would have been allowed without the buffer, clustering of the units will occur. This argument is untimely. This alleged SEP A concern should have been raised by these landowners in 1993. If these landowners thought (back then) that the clustering that was planned for in the COR zone and that was subject to SEP A review back then, was going to create an environmental problem, they needed to raise it back then. And, while the Update now calls for the 100 foot buffer, and that is new, Appellants' main complaint appears to be that clustering of the same number of units on a smaller area ofland has some environmental consequence. The lOa-foot setback is not what is permitting the clustering. The 1993 zoning code permitted, encouraged, and planned for this very clustering. It is the 1993 zoning code that permits this clustering in the first place that should have had an EIS. And, ironically enough, it did! b. Public Use of Shoreline: Neither Baxter nor Barbee has argued in its brief, nor did either Appellant argue at the hearing, this point that appeared in their appeal letters.5 As best as Renton can 5 Baxter incorporated points of appeal in the Barbee appeal letter. BRIEF OF CITY OF RENTON -11 WARREN BARBER f':J FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255.HH 1 2 3 II 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 decipher, these Appellants challenge Renton's requirement that there be public access to the shoreline. To the degree this may be a takings argument, Renton will address that later. At this point Renton only argues that this is untimely. There is in this state the Public Trust Doctrine that has been in place for 30+ years. The State's Shoreline Management Act has a requirement for access to the shorelines for public use. (RCW 90.58.020) Renton has had its Shoreline Master Program for several decades. It, too, has this requirement, consistent with state law (RMC 4-30-090(L)(14)(d)). If these Appellants thought that such a requirement posed environmental impacts that required an EIS, they needed to appeal decades ago. To challenge this requirement in a SEP A appeal at this time is too late. 3. Takings Another issue that was not argued in either the brief or at the hearing comes from Barbee's appeal letter. In essence, it appears that Barbee believes that Renton's requirement that the shoreline have public access is a takings. There are two responses: This is not the proper forum, and the Appellants still have reasonable use of their land. a. Hearing Examiner's Authority The duties of the Examiner are found in RMC 3-1-6. Therein it states: "The Examiner shall interpret, review and implement land use regulations as provided in this Chapter and other ordinances." Another provision relating to the powers of the Hearing Examiner is found at RMC 4-8-11 OE(1)( c). The Hearing Examiner has the same powers of the office from which the appeal is taken. BRIEF OF CITY OF RENTON -12 WARREN BARBER fer FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255.5414 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Hearing Examiner does not have the authority to determine whether this operates as a takings. b. Reasonable Use of the Land At this point in our "takings" jurisprudence, it is difficult to find a takings in this setting. For there to be a takings, government must deprive the landowner of "all economically beneficial uses" ofhislher land. See, Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302, 330, 122 S.Ct. 1465 (2002). Our state courts have said the same. In Guimont v. Seattle, 77 Wn. App. 74, 79, 896 P .2d 70 (1995), the court said: A per se violation of the takings clause occurs when the regulation constitutes either a "total taking" or a "physical invasion" of the property or destroys a fundamental attribute of ownership. A "total taking" occurs when a regulation denies the owner all economically beneficial or productive use of the property. A "physical invasion" occurs when a regulation permits or causes any physical intrusion onto the property, no matter how minute the invasion or how weighty the public interest advanced. In the case at bar, there are any number of ways Appellants can develop their land and have it be beneficial. There is no taking. 4. Sky is Falling Approach Earlier in this brief, Renton described Appellants' approach as a "sky is falling approach." This stems from the inaccuracies in their assumptions in their brief. The most significant inaccuracy is the argument that 18 miles of Class I shoreline in Renton equates to 19 million square feet. There are a few problems with this argument. a. Not 18 Miles Appellant does not make a specific reference to where in the record they get this figure. Rather, the brief cites to approximately 20 pages for a few different facts, one of BRIEF OF CITY OF RENTON -13 WARREN BARBER 6" FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which is the 18 miles of shoreline. Assuming 18 miles of Class I shoreline, Appellants still have a problem. Appellants have failed to offer any evidence of how much shoreline their one parcel represents.6 They have no standing to argue about the shoreline that is not theirs. In fact, Baxter's counsel conceded in oral argument at the hearing that he could not argue about other properties for lack of standing. 7 Therefore, for them to argue that 18 miles, by the sheer magnitude of the number, must mean there is environmental impact, is misdirected. They don't have standing to argue about all 18 miles and they have failed to put in any evidence of the amount of their own shoreline. Could it be that their shoreline is less than a half mile and the math just won't sound so exciting? There is yet another reason why the 18 miles is not 18 miles. Appellants fail to account for that portion of the 18 miles that is undevelopable for other reasons already in the code, or already developed and won't likely be re-developed, or is city owned (airport or Gene Coulon) and won't be re-developed. How much of the 18 miles is taken up with those kinds of uses? Appellants have offered nothing to address this. There is a third reason why the Hearing Examiner should not rely on Appellants' math. On page 9, lines 3-7, of Barbee's brief, adopted by Baxter, Appellants compute the 18 miles of shoreline and conclude there are 19 million square feet that will be cut out of buildability.8 Here is their math from page 9 of Barbee's brief. Eighteen miles equals 95,040 feet. (18 miles X 5,280 feet/mile = 95,040 feet.) Then Barbee multiplies that by 100 feet (buffer) for a total of9,504,000 square feet. Then Appellants double the number 6 Renton is aware that Barbee Mills owns a second parcel, to the south of the co-owned parcel. However, the parcel to the south already has a development proposal that has vested to the regulations that predate the Updates. So, Barbee cannot rely on that parcel to give it standing to make the arguments in this SEP A appeal. 7 At the time, he was arguing about contaminated sites, saying Baxter's was not the only one in the city. 8 Elsewhere in this brief Renton explains why this is flawed due to the kinds of uses that would be allowed in the buffer. BRIEF OF CITY OF RENTON -14 WARREN BARBER cr FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OffiCE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 because, they argue, the city will impose this buffer "on both sides of such waters." (See, line 5.) The flaw is that Appellants failed to account for the fact that Lake Washington shorelines (included in the 18 miles) are only one sided. We don't regulate the buffers on Mercer Island. Appellants did not put any evidence into the record to show how much of the 18 mile shoreline is on the lake and, thus, is only one sided. So, while numbers don't lie, the assumptions we make before we employ them could result in some incorrect numerical conclusions. That has happened here. Finally, there is a fourth reason their math is erroneous. There currently exists a 25 foot buffer. So, the added buffer is only 75 feet. So, even if their logic wasn't flawed to begin with, the number is an overstatement. Of course, 19 million square feet sounds better than 14.5 million square feet (75% of 19 million). Appellants argue the reduction of 19 million square feet of buildable land is sure to have dire consequences. They fail to identify any. This argument rests on the theory followed by the court in Norway Hill Preservation & Protection Assn. v. King County Council, et al., 87 Wn. 2d 267,552 P.2d 674 (1996). There, at 279, the court said: "Since the Norway Vista project on its face involves the size and type of environmental change to which the full information requirements of SEP A was obviously meant to apply, an environmental impact statement should have preceded the decision to approve the preliminary plat application." (Emphasis added.) Apparently, the court determined that the magnitude of the project (a preliminary plat), without more, was enough to warrant an EIS. To the degree that Norway stands for that proposition, it is no longer good law. In Moss v. Bellingham, 109 Wn. App. 6, 21, 31 P.3d 703 (2001), Division One said: "Therefore, to the extent that Norway Hill can be read to mandate an EIS for every large BRIEF OF CITY OF RENTON -15 WARREN BARBER e; FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST omCE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255.5474 1 2 3 ~ 5 6 7 8 9 10 11 12 13 1~ 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 subdivision, regardless of attempts to mitigate the impacts prior to permitting, it is no longer good law." So, Appellants efforts to make the proposed Updates sound like they would affect a very large amount ofland, and, afortiori, would have a major environmental impact, are misguided. The sky is not falling. The numerical conclusions are flawed and, even if they were correct, under Moss, size doesn't matter. Perhaps Appellants were trying to take attention away from the fact that they have failed to "point to any specific facts or evidence demonstrating that the [City's Updates have] significant environmental impacts requiring an EIS." Moss, supra, at, 29. b. Flexibility Ignored Appellants appear to argue that the Updates will force them to either build fewer residences or cluster them. However, the Updates have done a number of things to relieve the impact of these regulations on property. For example, the regulations contain reduced buffers for certain types of uses, allow buffer averaging, allow clustering outside the buffer, give a density credit for the buffers, and allow a request for buffer reduction, buffer averaging or variances, and allow some of the reduced buffer widths to be allotted administratively. The regulations applicable to the appellant's properties also allow for additional height of structures. It is hard to imagine, with this flexibility, that there can be any impacts on the subject property that are environmental in nature. Appellants' complaints that their circumstances are dire are nothing more than an effort to convince the Examiner that the sky will fall. And, the Examiner should not be swayed by this complaint that is not supported with evidence. BRIEF OF CITY OF RENTON -16 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OffiCE BOX 626 RENTON, WASHINGTON 98057 PHONE (425) 255-8678 • FAX (4H) 255-5474 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Moving Population Elsewhere in the City According to Barbee, the "density originally allocated to a certain piece of property containing buffers, must move someplace else ... " Appellants argue by implication that the "someplace else" is in the city.9 Renton likens this argument to a water balloon. If you squeeze a balloon filled with water, the area squeezed gets smaller and the remainder of the balloon gets bigger. That is how Renton interprets Appellants argument at page 10, lines 21-22 of Barbee's brief. The problem, however, is that the water balloon has a pre-determined or fixed volume of water. Renton, on the other hand, does not have a pre-determined or fixed volume of population. Appellants might try to argue that Renton has housing targets in its GMA documents. Yes, it does. However, in 2002, two years ago, Renton had already met, or exceeded those targets. In the 2004 Buildable Lands Analysis, on page 1, in the first bullet, Renton made the observation: The City's buildable lands analysis in 2002 indicated a City wide capacity for 10,620 housing units based on its Comprehensive Plan land use scheme, not including the new Urban Center zone adopted in 2003 which allows for an additional range of 4,048 to 5,125 dwellings through the year 2030. This is 71 % to 154% above the City's assigned 2022 dwelling target of 6, 198 units. Based on these calculations, it is clear that Renton has the capacity to accept the alleged "overflow" from the BaxterlBarbee co-owned parcel, should there be any. Further, the numbers indicate that the City does not need the 9 Otherwise, why would they, landowners in the city, presume to have standing to complain about population being kept out of the city? Why would that be an adverse environmental impact? Therefore, Renton concludes that Appellant must be complaining that the population will go elsewhere in the city. Renton does not concede that either Appellant has standing to complain about other people's land would bear the moved population. BRIEF OF CITY OF RENTON -17 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 P~ONE (425) 255·8678 • FAX (425) 255.5474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Baxter/Barbee parcel to develop any residential use in order for the city to reach its targets. Unlike the predetermined volume of water in the balloon, Renton's housing is dynamic, and Renton planned for varying capacities in various zones throughout the city. Appellants have failed to show how there is a probable environmental impact, much less a significant or adverse one. 6. Quality of the Environment Appellants also argue that there appears to have been more than a moderate effect on the quality of the environment, and that ifthere is doubt whether a significant adverse effect exists, the threshold determination should be in favor of an EIS. Again, they offer no facts to support this argument and the issue is conclusory. The appellants ask the Examiner to speculate that there may be environmental impacts. When the Examiner takes into account the EIS done on the original adoption of the Comprehensive Plan and development regulations, and the City's right to rely upon that EIS (see Moss v. Bellingham, 109 Wn. App., at 17) there is little doubt that the amendments to the sensitive areas ordinance and Shorelines Master Program cannot have probable significant adverse impacts on the environment. Of particular application to this appeal is RCW 43.21C.240. While that statutory section relates to project review under the Growth Management Act, the intent also applies to non-project review under the Growth Management Act. That section indicates that a city may determine that the requirements for environmental analysis, protection and mitigation measures in the city's development regulations and comprehensive plans, local, state, or federal laws and rules provide adequate analysis of, and mitigation for, the BRIEF OF CITY OF RENTON -18 WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTOS. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255.5474 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specific environmental impacts of the project action to which the requirements apply. The same analysis applies to non-project actions. The City has done an environmental impact statement for the Comprehensive Plan. The challenged regulations amend that Comprehensive Plan, and the prior environmental review, together with the City's development regulations, provide an adequate analysis of the specific adverse environmental impacts of this non-project action. [See also the analysis contained on pp. E-5 through E-9 of Appendix E to "The Washington State Environmental Policy Act, A Legal and Policy Analysis," by Richard L. Settle.] 7. Responses to Other Issues In the Brief Appellants complain that the 2002 Buildable Lands Analysis did not make reductions for stream buffers. This was pointed out by Barbee in their comments. Therefore, Renton did a 2004 Buildable Lands Analysis that did account for the stream buffers. (See Note 1 on Page 3 of2004 Buildable Lands Analysis.) Thereafter, Renton concluded there was no impact on Class I shorelines related to buildable land, because our code and the Updates will still allow the landowner to build the same number of units that would have been allowed before the buffers were imposed. 10 Appellants argue that Renton has failed to "actually consider" the impacts that the "quadrupled stream buffers" would have on buildable lands, densities, and environmental health. The major problem with this argument is that there are no new (previously unknown or unconsidered) "impacts" identified for the City to "actually consider." Barbee participated in the comment period and raised the same issues raised herein. All of those comments were considered. (See the Citizen Comments and Responses attached to 10 Buildable Land is only significant because of the capacity it will support. If the capacity allowed remains the same, then the increase or decrease in quantity of buildable land is meaningless. BRIEF OF CITY OF RENTON -19 WARREN BARBER fy FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255·8678 • FAX (425) 255.5474 1 2 3 q 5 6 7 8 9 10 1 1 12 13 1q 15 16 17 18 19 20 21 22 23 2q 25 26 27 28 the staffreport to ERC.) The bottom line is Barbee and Baxter just didn't like the answers, despite the ERC's consideration of the issues. Throughout their brief Appellants argue that the sheer magnitude of the 18 miles of shoreline and the quantity of land that will be set aside in buffers is what will result in a significant adverse environmental impact. However, on page 11, line 18, Appellants argue: By forcing a few uniquely situated properties to bear burdens and buffers based on minimum buffer standards that were derived from general information that is not applicable to specific sites that remain developable; the city exacerbates impacts on the environment. They have made what appears to be the contrary argument. On the one hand, Appellants appear to argue that 19 million square feet is huge and, therefore, there must be reSUlting environmental impacts. However, on the other hand, they argue that since only their parcel (or just a few similarly situated parcels) will likely be affected by these buffers (because other parcels are already developed or are undevelopable) the city has exacerbated impacts on the environment. Which is it? The fact of the matter is that it is neither. Appellants make broad statements in their brief, as they did at oral argument, about environmental impact, yet offer no specifics. Once again, Appellants offer only conjecture and speCUlation. That does not justify requiring an EIS. F. CITY'S CASE 1. Required Changes Under GMA The changes to the Sensitive Areas Ordinance and Shoreline Master Plan (the Updates) are changes to the City's Comprehensive Plan and Development Regulations required under GMA. The City prepared an extensive EIS for the adoption of its GMA Comprehensive Plan and development regulations, and by law has a right and a duty to BRIEF OF CITY OF RENTON -20 WARREN BARBER er FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POsT OffiCE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5474 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rely upon that EIS. The basis of Appellant's case does not acknowledge that the amendments to the Critical Areas ordinance and the Shoreline Master Plan are amendments to the GMA mandated Comprehensive Plan and development regulations. Many of the concepts discussed in the appeal letter have been addressed in that initial EIS. For example, Appellants' issues regarding population allocation, circulation of people or goods, concentrating densities, and cumulative impacts on land use and development, have all been covered by that prior EIS. Even if the non-proj ect action being reviewed was, in fact, a proj ect action, SEP A, GMA, and regulatory reform have changed the way SEP A is applied and authorizes and requires greater reliance on existing environmental analysis. The court in Moss v. Bellingham, 109 Wn. App. 6, 31 P.2d 703 (2001) discussed this exact point. The court first quoted extensively from Richard Settle, "The Washington State Environmental Policy Act: A Legal and Policy Analysis," Appendix E (1995). Appendix E is titled Regulatory Reform. Applying the Settle analysis to the facts in its case, the Moss court stated, at p. 16: In reviewing the environmental impacts of a project and making a threshold determination, a GMA county/city may, at its option, determine that the requirements for environmental analysis, protection, and mitigation measures in the GMA county/city's development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, provide adequate analysis of and mitigation for some or all of the specific adverse environmental impacts of the project. The Moss court further stated, at p. 17: If a GMA county/city's comprehensive plan, subarea plan, or development regulations adequately address some or all of a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the GMA county/city shall not require additional mitigation under this chapter for those impacts. BRIEF OF CITY OF RENTON -21 WARREN BARBER 6' FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTOS. WASHINGTON 98057 PHONE (425) 25,-8678 • FAX (425) 255-5474 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City was aware of the EIS it previously prepared for the adoption of the GMA Comprehensive Plan and development regulations. The City had the right to rely upon that document. 2. Preparation of Environmental Impact Statement Not Required Despite Appellants' assertions to the contrary, RCW 43.21 C.030(2)(b) and Norway Hill do not require the preparation of an environmental impact statement in this case. Appellant quotes a portion ofRCW 43.21C.030(2)(b). That section reads: The legislature authorizes and directs that, to the fullest extent possible: ... (2) All ... municipal.. .corporations ... shall ... (b) identify and develop methods and procedures, in consultation with the Department of Ecology and the Ecological Commission, which will ensure that presently unquantified environmental amenities and values will be given appropriate consideration indecision making along with economic and technical considerations. This section simply requires that the City incorporate environmental values into its decisions and not allow those decisions to be dominated by economic and technical considerations. See Introduction, Appendix B, p. B-1, of "The Washington State Environmental Policy Act, A Legal and Policy Analysis," by Richard L. Settle. The City has fulfilled this intent by establishing an environmental process, using the environmental checklist, and using the ERC as its responsible public official. Furthermore, in this particular instance, the City prepared an EIS for the GMA Comprehensive Plan and development regulations and is relying on that EIS for analysis and mitigation of these amendments to that Comprehensive Plan and development regulations. 3. City Must Comply with Federal Regulations/ESA It must be recalled that the City is required by law to update its GMA sensitive areas regulations, and that it is required by federal law to take into account the fact that the BRIEF OF CITY OF RENTON -22 WARREN BARBER f'J FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 PHONE (425) 255-8678 • FAX (425) 255-5414 1 2 3 II 5 6 7 8 9 10 1 1 12 13 111 15 16 17 18 19 20 21 22 23 211 25 26 27 28 subject property is bordered by Lake Washington and May Creek, both of which contain endangered species under the Endangered Species Act (ESA). The motivating force behind the City's proposed adoption of an amended and updated sensitive areas ordinance, and an amended Shorelines Master Program, is a requirement of the state legislature under RCW 36.70. Furthermore, Renton was required to apply the best available science to determine how we will accommodate both man's needs as well as those of the environment. Additionally, the property, being bordered by Lake Washington and May Creek, both of which contain endangered species, requires the City to protect those endangered species under the Endangered Species Act. The state and federal government have made the public policy decisions that such regulations are in the public interest. Those regulations further the important public interest of growth management and protection of endangered species. 4. City's Decision Not Clearly Erroneous and Entitled to Substantial Weight Appellants themselves acknowledge that threshold agency determinations should be reviewed under the "clearly erroneous" standard. (Appellant's Brief, at page 4.) "A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the record is left with the definite and firm conviction that a mistake has been committed." Anderson v. Pierce County, 86 Wn. App 290,302,936 P.2d 432 (1997) (citations omitted). "Threshold determinations that an EIS is not required are subject to judicial review under the clearly erroneous standard." King County v. Washington State Boundary Rev. Bd, 122 Wn.2d 648,661,860 P.2d 1024 (1993) (citations omitted.) Under this standard, a reviewing court will overturn an agency's DNS when: BRIEF OF CITY OF RENTON -23 WARREN BARBER (;-FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON. WASHINGTON 98057 P~ONE (425) 255.-8678 • FAX (425) 255.5474 1 2 3 II 5 6 7 8 9 10 1 1 12 13 111 15 16 17 18 19 20 21 22 23 211 25 !d. Although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and finn conviction that a mistake has been committed. The Appellants must therefore clearly show that Renton made a mistake by issuing the DNS. Appellants have provided no evidence and the record is devoid of any infonnation of any such mistake. Again, the mere conjecture and speculation of possible city wide environmental implications advanced by the Appellant is not grounded in evidence let alone a finn conviction of a mistake. Under this standard, the court "does not substitute its judgment for that of the administrative body and may find the decision clearly erroneous only when it is left with the definite and finn conviction that a mistake has been committed." Cougar Mountain Assn. v. King County, 111 Wn.2d 742, 747, 765 P.2d 264 (1988). "Selection of environmental review process and protection is left to the sound discretion of the appropriate government agency." Pierce County, 86 Wn. App at 302. In fact, "[a]n agency's decision to issue a MDNS and not to require an EIS must be accorded substantial weight." Id. at 302, Moss v. Bellingham, 109 Wn. App 6, 14, 31 P .3d 703 (2001); RCW 43.21 e.090.11 The agency here, is the City of Renton's responsible official, the ERe. The Hearing Examiner must give deference to the ERC's detennination of a DNS. Since Appellants have failed to show a clear error or mistake, the Hearing Examiner must render a decision upholding the DNS. 26 II RCW 43.21C.090 Decision of governmental agency to be accorded substantial weight. Any action involving an attack on a determination by a governmental agency relative to the requirement or 27 the absence of the requirement, or the adequacy of a "detailed statement", the decision of the governmental agency shall be accorded substantial weight. 28 BRIEF OF CITY OF RENTON -24 WARREN BARBER CJ FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTOS. WASHINGTON 98057 P~ONE (-425) 255·8678 • FAX (42S) 255.5474 1 2 3 II 5 6 7 8 9 10 11 12 13 111 15 16 17 18 19 20 21 22 23 211 25 26 27 28 III. CONCLUSION Throughout this appeal, neither appellant has identified any specific environmental impact to justify an EIS. It is their burden to show that they will suffer an injury in fact. They have failed to meet that burden. Neither have the Appellants shown how the city's decision was clearly erroneous. Therefore, the Hearing Examiner should uphold the decision of the ERC. DATED this 19th day of November, 2004 BRIEF OF CITY OF RENTON -25 By: /ss/ Zanetta L. Fontes, WSBA #9604 Attorney for City of Renton WARREN BARBER & FONTES, P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OffiCE BOX 626 RENTON. WASHINGTON 98057 PHONE (42)) 255-8678 • FAX (425) 255.5474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON BARBEE FOREST PRODUCTS, INC, BARBEE MILL CO., INC., & ALTINO PROPERTIES, Appellants, v. CITY OF RENTON, ) ) ) ) ) ) ) ) ) ) __________________ ~R=e~sp~o~n=d~e=n~t.~ ____ ~) No. LUA-04-084 ECF APPELLANTS'HEARING MEMORANDUM I. RELIEF REQUESTED Barbee Forest Products, Inc., Barbee Mill Co., Inc., and Altino Properties Inc. (collectively, "Barbee") ask the Hearing Examiner to hold that: (1) the City failed to actually consider probable environmental impacts resulting from the City's proposed amendments to its Critical Area Ordinances and Shoreline Master Program--specifically those revisions that would increase the buffers along Class 1 waters from 25 feet to 100 feet; and (2) the Critical Area Ordinance and Shoreline Master Program amendments, specifically those which increase the critical area buffers, are likely to have significant adverse impacts on the environment that necessitate further review through an environmental impact study ("EIS"). APPELLANT'S HEARING MEMORANDUM - 1 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 1600 Century Square· 1501 Fourth Avenue Seattle. Washington 98101-1688 (206) 622-3150 -Fax; (206) 628-7699 II. ISSUES PRESENTED 1 2 1. Has the City adequately considered the likely environmental impacts that 3 may result from dramatically increasing critical area buffers-including, specifically, those 4 impacts likely to result from quadrupling buffers along the approximately 18 miles of 5 Class 1 waters in the City of Renton? 6 2_ Do the significant increases in critical area buffers, including the 7 quadrupling of buffers along the approximately 18 miles of Class 1 waters in the City of 8 Renton, pose probable significant adverse impacts to the environment, especially elements 9 ofthe built environment, such that an EIS is warranted? 10 III. SUMMARY OF PERTINENT FACTS 11 In an effort to comply with Growth Management Act requirements to adopt and 12 update critical area regulations based upon best available science, the City has proposed 13 amendments to the City's Critical Area Regulations and Shoreline Master Program ("CAO 14 Amendments")_ See, e_g., RCW 36_70A_020; RCW 36.70A.130; RCW 36.70A.170-172. 15 The CAO Amendments enlarge buffers for critical areas in general. For Class 1 water 16 alone, the CAO Amendments expand the width of buffers from 25 feet to 100 feet, and the 17 City has approximately 18 miles of Class 1 waters in its jurisdiction. Shall better Decl., Ex. 18 A, p. 2; Ex. B, p. 8; see also Shall better Decl, Ex. C, pp. 64-75,98-115; RMC 4-3- 19 090(E)(3). 20 On July 19,2004, the City issued a Notice of Proposed Determination of 21 Nonsignificance ("DNS") for the City's CAO Amendments. Barbee, as the owner of a 22 significant amount of developable waterfront property in the City of Renton, reviewed the 23 City'S CAO Amendments with particular interest and was surprised to learn that the City 24 was proposing to issue a DNS for an action that presented the likelihood of such significant 25 adverse impacts on the environment. Specifically, Barbee was concerned about the 26 dramatic reduction in buildable lands resulting from the City's increased buffers on critical 27 APPELLANT'S HEARING MEMORANDUM - 2 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle. Washington 98101·1688 (206) 622-3150 . Fax: (206) 628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 areas-most notably, Class 1 waters, and the limitation on activities that can occur within buffers. Given the impact of the CAO Amendments on Barbee's waterfront property alone, it was clear that the ramifications of the CAO Amendments on a City-wide scale likely would be vast. Barbee timely submitted comments on the City's proposed DNS, noting with particularity Barbee's belief that the CAO Amendments presented probable significant adverse impacts on the built environment, including on environmental health, land and shoreline uses, housing, transportation, the movement of people, and the relationship of existing land use plans to estimated populations. In an effort to address legitimate concerns raised by citizens and avoid the full environmental review that the City so often requires of its residents, the City provided an ad hoc explanation. According to the City, Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the City existing land use plans and population allocations [because] [t]he City has substantial growth capacity above its target, and the city's net density approach credits densities in stream buffers. Shallbetter Decl., Ex. A, p. 7. As even the City acknowledged, however, such analysis was based upon a Buildable Lands Analysis performed in 2002, which analysis did not make reductions for streams outside of wetlands, and, most significantly, did not make reductions for stream buffers. Shallbetter Decl., Ex. A, p. 8. Merely performing an ad hoc deduction of stream area (but not buffers) does not satisfy the City's obligation under' SEP A to address the probable significant impacts of the increased buffers on the environment. The increased buffers will reduce buildable lands, shift densities, and discourage clean-up of industrial and contaminated properties. Shallbetter Decl., Ex. A, p. 8; Ex. D. The mandatory buffers on Class 1 waters alone require a minimum of 100 feet on each side of Class 1 waters, and a minimum of 100 feet along Lake Washington. The City has 18 miles of Class 1 waters, and yet, the City, by default, concluded that it was APPELLANT'S HEARING MEMORANDUM - 3 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622·31 SO • Fax: (206) 628-7699 1 unnecessary to exclude all such buffers from the City'S buildable lands inventory_ The 2 City excuses itself from subtracting the stream buffers for the City'S 18 miles of Class 1 3 waters, much less the buffers for Class 2, 3,4, and 5 waters and other critical areas, based 4 upon the fact that the City continues to allow densities to be calculated based upon buffer 5 area, even though such buffer area cannot actually be developed_ See Shall better Decl_, 6 Ex. D, p. 3, Notes. But, as discussed in Part V.B, infra, such analysis is fatally flawed. 7 Had the City actually considered the probable impacts that the increased critical area 8 buffers-most notably the buffers for Class 1 waters-are likely to have on buildable 9 lands, densities, and related environmental health, it would have realized that further 10 analysis of such impacts through an EIS is necessary. 11 III. STANDARD OF REVIEW & BURDEN OF PROOF 12 Although threshold determinations generally are reviewed under the "clearly 13 erroneous" standard, the scope of judicial review of a governmental determination of "no 14 environmental significance" is extremely broad. Sisley v_ San Juan County, 89 Wn.2d 78, 15 85,569 P.2d 712 (1977); Norway Hill Preservation & Protection Ass'n v_ King County 16 Council, 87 Wn.2d 267, 273-76,552 P.2d 674 (1976). In applying the "clearly erroneous" 17 standard to a DNS, the Examiner is expected to do more than merely determine whether 18 there is substantial evidence to support an administrative or governmental decision. The 19 entire record is open to judicial scrutiny and the court is required to consider the public 20 policy and environmental values ofSEPA. Norway Hill, 87 Wn.2d at 275. 21 The burden is on the governmental body issuing the DNS to demonstrate that 22 environmental factors were "actually considered" in manner sufficient to be prima facie 23 compliance with procedural dictates of SEP A. Gardner v. Pierce County Bd. of Comm 'rs, 24 27 Wn.App. 241, 245, 617 P.2d 743 (1980); Lassila v. City of Wenatchee, 89 Wn.2d 804, 25 576 P.2d 54 (1978). The Examiner must find the City's negative threshold determination 26 27 APPELLANT'S HEARING MEMORANDUM - 4 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 98101-1688 1206\ 622-3150 -Fax: (206\ 628-7699 "clearly erroneous' if, despite supporting evidence, the record firmly supports the 2 conclusion that 'a mistake has been committed. '" Norway Hill, 87 Wn.2d at 275. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A. IV. LEGAL ANALYSIS The City Must Actually and Adequately Consider the Impacts of the Proposal on All Relevant Elements of the Environment. Here, the City has failed to produce an administrative record showing that the City "actually considered" the impacts that the quadrupled stream buffers and other significant increases in critical area buffers may have on buildable lands, densities, and environmental health. The City merely presumed that the CAO Amendments, including the increased stream buffers, would not significantly and adversely impact the environment. Under SEP A, the City cannot justify a threshold determination with superficial, short-sighted presumptions. Actual consideration of the probable impacts of all aspects of the CAO Amendments on all elements of the environment is necessary to assure for citizens, "safe, healthful, productive, and aesthetically and culturally pleasing surroundings;" to "[a]ttain the widest range of beneficial uses of the environment without degradation;" and to "[a ]chieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities." RCW 43.21C.020(2)(b), (c), and (t). The City has failed to actually consider and evaluate probable significant impacts that may result from the CAO Amendments, including the impacts likely to result from reducing buildable lands, increasing densities, and providing disincentives for developers to improve contaminated or industrial properties. 1. A Cursory Inquiry of the Impacts of Stream Buffers Is Insufficient Basis for a DNS. 23 SEP A is designed to force agencies to gather and assess information so that the 24 Washington environmental landscape is shaped "by deliberation, not default." Stempel v. 25 Dep't a/Water Res., 82 Wn. 2d 109, 118,508 P.2d 166, 172 (1973). "Actual 26 consideration" of environmental impacts requires demonstration of a veracious, genuine, 27 APPELLANT'S HEARING MEMORANDUM - 5 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 98 J()j ~1688 (206) 622-3150 -Fax: 1206\ 628-7699 1 historical fact that the agency seriously considered the evidence before it. Keith Hirokawa, 2 The Prima Facie Burden and the Vanishing SEPA, 37 Gonzaga L. Rev. 403, 412 3 (200112002); e.g., Gardner,27 Wn.App. at 245. At base, this translates into a requirement 4 that the relevant information "actually" be found in the administrative record so that the 5 court can in fact review the information that was relevant to the agency's environmental 6 review. Hirokawa, supra. Early SEPA case law supports this reading and signifies a 7 reluctance to uphold ad hoc or post hoc justifications for negative threshold 8 determinations. See, e.g., Gardner, 27 Wn. App. at 245; Juanita Bay Valley Com. v. 9 Kirkland,9 Wn.App. 59, 73,510 P.2d 1140 (1973). The agency's administrative record 10 must clearly illustrate the ways the particular proposal does or does not affect the 11 environment; mere conclusions do not suffice. See City of Bellevue v. King County 12 Boundary Review Bd., 90 Wn. 2d 856,867,586 P.2d 470, 477 (1978). As illustrated in 13 Part V.B, the City gives lip-service to Barbee's concerns about the adverse impacts of the 14 increased critical area buffers, but the City fails to actually and objectively consider such 15 impacts. 16 17 18 19 20 21 22 23 24 25 26 27 2. A Proposal Does Not Justify a DNS Merely Because the Proposal Is Designed to Protect or Improve the Environment. Under SEPA: Even proposals intended to protect or improve the environment may require an EIS. Alpine Lakes Protection Society v. Washington State Dept. o/Natural Resources, 102 Wn.App. 1, 15-16,979 P.2d 929 (1999). The City has assumed that since the amendments will increase protection of critical areas, they do not present a likelihood of significant adverse impacts on the environment. But, the determination of whether a proposal has probable significant environmental impacts must be made irrespective of the proposal's benefits. WAC 197-11-330 (5); Asarco v. Air Quality Coalition, 92 Wn.2d 685, 713-14, 601 P.2d 501,512 (1979). APPELLANT'S HEARING MEMORANDUM - 6 SEA 1561686v I 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 98101-1688 {206\ 622-31 SO . Fax 12061628-7699 1 2 3 4 5· 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 If there is a reasonable probability of "more than a moderate" adverse impact on the environment, then an EIS must be prepared no matter how beneficial the proposed project may be. Citing WAC 197-11-330(5), the Alpine Lakes court emphasized, "SEPA regulations do not allow threshold determinations to be made by balancing the potential "good/bad" effects of a proposal." Alpine Lakes, 102 Wn.App. at 15-16. Similarly, in Asarco v. Air Quality Coalition, the court noted: The purpose of the broad scope of review is to ensure that an agency, in considering the need for an EIS, does not yield to the temptation of expediency, thus short-circuiting the thoughtful decision-making process contemplated by SEP A. Asarco, 92 Wn. 2d at 700-01. The City cannot prejudge, rather than actually consider, the impacts of the CAO Amendments; it cannot conclude that the CAO amendments are unlikely to have any significant adverse impacts on the environment merely because such amendments are designed to increase protection of critical areas. 3. The Lack of Specific Proposals for Land Use Changes Does Not Means No EIS Is Required. Because the City was not faced with a site-specific proposal, it may have been easier for the City to rely upon assumptions about impacts instead of actually considering impacts. Yet, the fact that an action will not cause an immediate land use change or the fact that there is no specific proposal "on the table" does not automatically mean that no EIS is requIred. See Alpine Lakes, 102 Wn.App. at 15-16. Under Washington law: The absence of specific development plans should not be conclusive of whether an adverse environmental impact is likely. King County, 122 Wn.2d at 663. Such a "categorical approach can lead to results contrary to the purposes ofSEPA." Id. "One ofSEPA's purposes is to provide consideration of environmental factors at the earliest possible stage to allow decisions to be based on complete disclosure of environmental consequences." Id. (citations omitted). APPELLANT'S HEARING MEMORANDUM - 7 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square . 150 I Fourth A venue Seattle, Washington 98101-1688 (206\ 622-3150 . Fax: (206\ 628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 B. The City's Administrative Record Lacks Evidence that the City Actually and Adequately Considered Impacts of Buffers on the Built Environment. Here, the record indicates that the City failed to actually and adequately consider the impact that the CAO Amendments-specifically the significantly increased stream buffers-would have on the built environment-including shoreline and land uses, densities, housing, public services, and environmental health. The City feigned consideration of such impacts by responding to the comments Barbee made on the issue. Such response, however, reveals no actual consideration or analysis. The City, based on a 2002 Buildable Lands Analysis, states: [T]he increased buffers are not anticipated to significantly affect the City's existing land use plans and population allocations [because the] City has substantial growth capacity above its targets, the City'S net density approach credits densities in stream buffers. See Shallbetter Decl., Ex. D, p. 1. The City acknowledges, however, that the 2002 Buildable Lands Analysis from which it derives its conclusion did not deduct streams, lakes, and habitat conservation areas from its buildable lands, much less any buffers. "City staff' assembled a three page compendium of the estimated area of land that streams occupied and attempted to deduct such area from the City's buildable lands, but merely deducting the area of the City's watercourses from the area of available buildable lands provides no new information. The CAO Amendments do not suddenly take streams off- limits for building; streams were not available to be built within even prior to the proposed CAO Amendments. 1. The Impacts of Critical Area Buffers-Not the Critical Areas Themselves-Need to Be Considered. The minimum buffers that the CAO Amendments require along all watercourses, not the streams themselves, are what need to be deducted from the City'S buildable lands inventory. The likely impacts of such deductions then need to be fully considered. Yet, APPELLANT'S HEARING MEMORANDUM - 8 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3 150 . Fa" (206) 628-7699 1 the City, by its own admission, has failed to make such a deduction for buffers, much less 2 consider the consequences of such deduction upon environmental health. 3 The City is increasing buffers along Class 1 waters from 25 feet to 100 feet. Given 4 that the City has approximately 18 miles of Class 1 waters (or 95,040 feet) and that 100 5 foot buffers will be required on both sides of such waters, the City's buildable lands 6 inventory stands to be reduced by over 19 million square feet-and that is just as a result 7 of buffers for Class 1 waters. Such reduction in available buildable lands alone almost 8 necessarily has a significant impact on some element ofthe environment, whether 9 developable land, concentration of persons and housing, shoreline and land use, light, 10 glare, air, traffic, or water. Add to that the increased buffers and restrictions associated 11 with other critical areas and it is virtually inconceivably how the City can justify a DNS. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2. Allowing Buffers to Be Included In Density Calculations Does Not Nullify the Impacts. The City errs in asserting that buffers need not be considered in the Buildable Lands Analysis because developers may include such buffers when calculating the maximum allowable density for a given piece of property. Had the City actually considered the impacts of the buffers, the City would have realized that its reasoning in that regard was not sound. First, the City's reasoning has the potential to allow denser development than the land may be able to tolerate or the City's code may allow. The effect of the City allowing buffers to be included when calculating maximum density, but precluding development on precisely some of that area that was included in the density calculation is to allow densities greater than that which the City's code (and potentially the land itself) allows. For example, under the City's reasoning, a developer owning 10 acres in an area zoned at 5 units per acre could construct 50 units on the 10 acres. If, however, a Class 1 water ran through the 10 acres, resulting in the need for approximately 3 acres of buffer, the developer would need to concentrate those 50 units on just 7 acres, resulting in a density of APPELLANT'S HEARING MEMORANDUM - 9 SEA 1561686v I 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square -1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3150 -Fax: (206) 628-7699 lover 7 units per acre-more than the City's code allows and more than the environment 2 potentially allows. 3 Second, there comes a point when development becomes too dense for the area 4 available. Consider, for instance, Barbee's proposed plat along Lake Washington and May 5 Creek. Shallbetter Decl., Exs. E-F. Barbee proposed 115 units on approximately 22.9 6 acres, for a density of approximately 5 dwellings per acre-well within the allowable 7 density for the COR-2 zone where Barbee's property is located. All units proposed are 8 single-family, and the lots range in size from approximately 1800 square feet to 7300 9 square feet, with the average lot size being in the range of 4000 square feet. 10 However, under the CAO Amendments, approximately 6 acres of the Barbee 11 property will need to be set aside as buffers for Class 1 waters. Shallbetter Decl., Ex. F. 12 According to the City's reasoning, such buffers do not pose a probable significant impact 13 on buildable lands or the environment because the density can still occur on the property in 14 question-it need not be reallocated to a different area of the City. But, if one actually 15 considers the impacts of such buffers, taking into account setbacks for single family lots, 16 and other building constraints, it becomes evident that moving 115 single-family units to 17 16 acres is not feasible. Shallbetter Decl., Ex. F. To the extent increased density is 18 feasible, the impacts on the environment-in terms of noise, glare, space, and 19 environmental health likely will increase, and the City fails to consider even that fact. 20 Finally, to the extent the higher density on a smaller portion of property is not 21 feasible, then that density, originally allocated to a certain piece of property containing 22 buffers, must move someplace else because of the unavailability of the buffers for 23 development. As an illustration, the CAO Amendments, with their quadrupling in the size 24 of minimum buffers, will require Barbee to eliminate about 65 lots from its proposed 25 redevelopment of industrial property and concentrate such densities in a location other than 26 the Barbee property. Notably, the City codes contemplate that the Barbee property can 27 APPELLANT'S HEARING MEMORANDUM -10 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3 150 . Fa .. : (206\ 628-7699 1 handle those 65 units in terms of density, but such contemplation is based on a false 2 assumption in the wake of the CAO Amendments. With the CAO Amendments, several 3 acres of land is no longer developable and the developable land will not support the density 4 contemplated in and authorized by the Code. 5 The City says its Buildable Larids Analysis shows the City has plenty of room for 6 population increases-but such assurance is based on a Buildable Lands Analysis that has 7 not subtracted the 18 miles of 100-foot Class 1 buffers from the available inventory of 8 buildable lands, much less the other critical area buffers. The City's Buildable Lands 9 Analysis assumes, for example, that Class 1 stream buffers are available for development, 10 and yet, as the City must acknowledge, such assumption will be false in the aftermath of 11 the CAO Amendments. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. The Fact that Much Waterfront Land in Renton Already Is Developed Does Not Nullify the Impacts of Increased Buffers. In a last ditch effort to justify its issuance of a DNS despite potential impacts of stream buffers, the City asserts that the new buffer requirements will not have a probable significant adverse impact on the environment because the buffers do not apply to developed land, and most property 'along the waterfront is developed. But, contrary to what the City would like to believe, such existing development along the waterfront actually increases the likelihood of significant adverse impacts. By forcing a few uniquely situated properties to bear burdens and buffers based on minimum buffer standards that were derived from general information that is not applicable to specific sites that remain developable, the City exacerbates impacts on the environment. In addition to concentrating the environmental impacts, the City discourages conversion of existing development and uses to more environmentally friendly development. v. CONCLUSION Even proposals intended to protect or improve the environment may require an EIS. Given that the CAO Amendments are designed to increase protection of critical areas and APPELLANT'S HEARING MEMORANDUM -11 SEA 1561686vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 1600 Century Square· ISOl Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3150 ' Fax: (206) 628·7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 the environment, the City appears to have issued a DNS by default, not based upon deliberation. The City short-circuited consideration of the potential probable impacts of the City's critical area buffers, particularly the 100-foot buffers for Class 1 waters, on the environment. Although the City acknowledges the concerns raised by Barbee and others in their comment letters, the City has yet to actually consider such real concerns. Here, there is a reasonable probability of "more than a moderate" adverse impact on the environment, and hence an EIS must be prepared despite the intended benefits of the CAO Amendments DATED this 16th day of November, 2004. Davis Wright Tremaine LLP Attorneys for Appellants BY--~~~r-~+-__ ~~ ________ _ Traci L. S be r WSBA#29712 Thomas A. Goeltz WSBA#05157 APPELLANT'S HEARING MEMORANDUM -12 Davis Wright Tremaine LLP SEA 1561686vl 26266-9 LAW OFFICES 1600 Century Square· 1501 Fourth Avenue Seattle, Washington 9810)·1688 , (206) 622·3150 . Fax: (206) 628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON BARBEE FOREST PRODUCTS, INC, BARBEE MILL CO., INC., & ALTINO PROPERTIES, Appellants, v. CITY OF RENTON, ) ) ) ) ) ) ) ) ) ) __________________ ~R~e~s~p~o~n=d=en=t=. ______ ~) No. LUA-04-084 ECF DECLARATION OF TRACI L. SHALLBETTER The undersigned, Traci L. Shallbetter, declares as follows: 1. I am an attorney at Davis Wright Tremaine LLP, and represent Barbee 17 Forest Products, Inc.; Barbee Mill Company; and Altino Properties (collectively, 18 "Barbee"). I have personal knowledge of the facts contained herein and am competent to 19 testify related thereto. 20 21 22 23 24 25 26 27 2. Hearing Brief: Attached hereto are the following exhibits relied upon by Barbee in the Exhibit A: Staff Report to the Environmental Review Committee Exhibit B: Memorandum from Rebecca Lind to Lisa Grueter, Regarding Revised Review Draft--Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments (July 13,2004) Exhibit C: Draft Best Available Science Regulation Amendments, pp. 64- 75, 98-115 (July 13, 2004) DECLARATION - 1 Davis Wright Tremaine LLP SEA 1561867v 1 26266-9 LAW OFFICES 2600 Century Square· 1501 Founh Avenue Seattle. Washington 98101-1688 (206) 622-31 SO . Fax: (206) 623-7699 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Exhibit D: Effect of Proposed Stream Regulations on the City's Buildable Lands Analysis (Aug. 12,2004) Exhibit E: Figure 3.4-4 from Barbee Mill Preliminary Plat (for illustrative purposes) Exhibit F: Figure 3.4-5 from Barbee Mill Preliminary Plat (for illustrative purposes) I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. Traci L. Shallbetter DECLARATION - 2 SEA 1561867vl 26266-9 Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square· 1501 Fourth Avenue Seattle. Washington 98101·1688 (206) 622-3150 . Fax: (206) 628-7699 .t-F ~PORT City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DATE: August 17,2004 Project Name: City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration, Featuring New Stream, River, and Lake Regulations Project Number: LUA-04-0B4, ECF Project Manager: City contact -Judy Wright (425-430-6575); Alternative City Contact -Rebecca Lind (425-430-6588) Project Description: The purpose of the City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration project is to meet Growth Management Act (GMA),Shoreline Management Act (SMA), and City Comprehensive Plan goals for critical area protection in the City of Renton context. Specific objectives are to: • • • • • Refine City Comprehensive Plan policies in light of Best Available Science particularly the Environment Element. Provide a best available science literature review addressing streams/rivers, and lakes, and based upon the literature review develop buffer requirements. The review program includes recommendations to amend the Renton Critical Areas Regulations to classify water bodies, apply buffers, and provide for no- net-loss of ecological function. . .. ' . Documeht a best availa.ble science review of the City's wetland regulations, and provide for appropriate amendments' to improve" or bettef document the wetland review process. Co~pare the City's aquifer protection, flood hazard, geologic hazard, and habitat conservation regulations against the State of Washington Department of Community, Trade, and Economic Development Example Critical Areas Code and propose amendments as appropriate. PropOS? limited Shoreline Master Program amendments to integrate Shoreline and Comprehensive Plan policies, address text and map inconsistencies, and provide for shoreline protection regulations. These limited amendments would apply in the interim until full Shoreline Master Program Update is . accomplished,inaGcorpancewith.thenew SMA schedule (2009for.the City of Renton): . o. Integrate Shorelil!e r.1aster Progra~Goals and Policies into the City Comprehensive Plal"\, esse~tially intact. Limit~ci policy arnendmentsare propo~ed to;a~dressuse.priorities of RCW 90.58.020 (differintiate between Shorelines of Stat~wide Significance and all other Shorelines of the State that are fOlmdinthe City). " . ". o Amend Use Environments Map for the Black River and Cedar River at the Maplewood G~lf Course to address Shoreline Master Program text/map conflicts and an unclassified annexed area. Field review and lI:nalysis were ,. conductecJ,for the limited map amendments. For these areas regulations would be applied consistent with environment;tllimitations and existing uses. o Address shoreline protection regulations, including buffers, in the Shoreline Master Program to provide for . equivalent protection per State legislation (ESHB 1933), while responding to use priorities ofRCW 90.58.020. Project Location: Would apply citywide. Exist. Bldg. Area gsf: non-applicable Site Area: non-applicable B. RECOMMENDATION City of Renton PIBIPW Department City of Renton BAS Critical Areas Regulations & SMP GMA Integration REPORT AND DECISION OF AUGUST 17. 2004 Environmental Review Committee Staff Report LUA-04-084 ECF Page20/4 Based on analysis of probable impacts from the proposal, staff recommend that the Responsible Officials make the following Environmental Determination: x DETERMINATION OF NON-SIGNIFICANCE Issue DNS with 14 day Appeal Period. C. MITIGATION MEASURES None proposed. See Section D. Advisory Notes to Applicant: DETERMINA TION OF NON -SIGNIFICANCE -MITIGATED. Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period followed by a 14 day Appeal Period. The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process (oren vironmental determinations Non-applicable. D. ENVIRONMENTAL IMPACTS In compliance with RCW43.21 C.240,the fol/owing! projec;tellvironmentairevie..,v ad.clre~!>es only those project impacts that are not adequately addressed under existing development standards and environmental-regulations. Has the applicant adequately identified and addressed environmental impacts anticipated to occur in conjiJnction with the proposed development? The proposal adds stream regulations expanding the buffer width from 25 feet in most instances to 35 to 100 feet depending on water clas's;it enhances the coordiriationbftheShbrelirieMaster Program andComprehen:;;ive Plan; it makes minor adjustmeritsto 6thercritic~1 areasslich asaddressingvalcanic hazards; and itmodifies.review proceduresgerieraJly.-The proposal is 'a nan~project action: The' proposal has been developed by the 'City, No mitigation measures are' proposed~ The proposaJ includes several features intended to balance environmental-protection with the varying environmental conditions -'-urban, sublirban,natural-found in the City~ Buffer widths vary byclassification'based onthe quality of the critical !lrea. Addressing the variable environmental conditions aild need to allow reasonable use of property are the f<?ll()wing measures: ---, --- • Existing development would be recognized, and in cases where the buffers are largely developed, they would be treated as setbacks; • Density credits in buffers (same development potential, clustered away from critical area); • Buffer reductions where enhancement or other mitigation is included; some would be allowed administratively provided criteria are met;hirther reductions allowed by variance; • Buffer averaging provided enhancement or other mitigation is included: averaging the total area required with the reduced areas up to half of standard width; further reductions allowed by variance. • On and off-site mitigation allowed where buffer reductions, buffer averaging, or impacts to critical area are identified; and • Modifications and variances. YBIPW Department Environmental Review Committee Staff Report LUA-D4-DS4 ECF .(1 BAS Critical Areas Regulations & SMP GMA Integration DECISION OF AUGUST 17,2004 Page3 0/4 irt below summarizes the environmental analysis in the SEPA Checklist associated with the DNS. To ic .:arth Air Qualil Water Plants/Animals Ener Environmental Health )N()ise. Housing Historic/Cultural' Summa sis Future site-specific development would be subject to environmental review as appropriate. The proposal will provide a means to mitigate the impacts of future site-specific development. The regulations maintain development precautions in areas of geologic hazards. Minor improvements to the City's geologic hazard regulations are proposed: • Additional review criteria are proposed to ensure development is safely accommodated. • The proposed regulations would newly address volcanic hazards and require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green River Inundation Area as mapped by the USGS to demonstrate adequate engineering standards regarding volcanic hazard risks and prepare an evacuation and emer enc mana ement Ian. Not a licable to this non-ro'ect action. The proposal will provide a means to mitigate the impacts of future site-specific development. The proposal adds new stream, river, and lake regulations, including amendments to classify water bodies, protect streams and lakes with buffers, and provide for no-net-Ioss of streamllake ecological function. The regulations maintain development precautions in aquifer protection areas. Amendments inClude minor modifications to improve or better document the City's decision-making process with respect to wetland rotection as site-s ecific develo ments are reviewed. The proposal will increase protection of aquatic life, particularly. salmonids with new stream, lake and river buffers and related standards. The proposal will continue habitat conservation regulations, which may be used to mitigate the impacts of future site-specific development. The City designates habitat conservation areas, primarily by referencing State and Federal designated endangered, threatened, sensitive, and priority species. It requires a habitat assessment report and includes general performance standards that require impact avoidance/sequencing and mitigation. It allows for State and FederalAgency input. The Ci rna condition ro osals that im act habitat conservation areas. Nota licable to this non-ro'ect action. licable to this non-ro·ectaction. The proposal will facilitate shoreline permitting for some City park and recreation facilities by addressing the City's golf course and parks in the SMP Use Environment Map, rather than relying on the King County SMP:' 'It will allow for consideration of appropriate levels of passive and activity recreation in the Use .. Environment re ulations. Th'efproposal continues andcross~refefenceshisf6ric·andcultural preservation poliCies asparfof the interation of Renton SMP and Com rehensive plan policies .. ' . ,:~!~~~p,:9]i!~1iQi:1r;;;'!;c~!;O:';;i::j; f:i1~J,m~J'>.~~~~~!m~!t1'~'il~:s,~Pf;~I!p~.·r~9~,!~~!9P~;:f1S?r~~~c,~g~'~m~~"i~,itK;<?f;?ssing~ and crit~ria intended to' .... 'Y'~ '(. . .' allo"YJor needed P!lohc InfrastructurewhllepromotJng:nolr·net'iloss,of~.ecQI()91cal function .. These .' measures are intended to address the envirorimentalimpactsof future development· and infrastructure. '. ro osals. . . ',Also as pa.rt of the environniental review record, the ERC reviewed a discussion of buildable ·Iands capacity in relatioh" 'to the stream regulations. Stream buffers are proposed to be increased, but the increased buffers are not anticipatE~d to significantly affect the City's existing land use plans and population allocations. The City has substantial growth capacity above its targets, and the City's net density approach credits densities in stream buffers. The City's zoning districts, particularly multifamily, commercial, industrial and mixed use districts, offer flexibility in building heights" CAO_ERC_Aug17 Jdoc City of Renton PIBIPW Department City of Renton BAS Critical Areas Regulations & SMP GMA Integration Environmental Review Committee Staff Report LUA-04-084 ECF REPORT AND DECISION OF AUGUST 17. 2004 Page40/4 setbacks, lot sizes, densities, etc. to accommodate substantial development. Last, the proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. The analysis is contained in the project file. Also considered in the issuance of the threshold determination were several documents produced as part of developing the non-project action: • "Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration," Jones & Stokes, July 13, 2004. • Draft "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations," prepared by AC Kindig & Company and Cedarock Consultants, Inc. on February 27,2003. • Stream/lake classification results are included in the 2003 draft Renton Water Class Map prepared by AC Kindig & Company and Cedarock, in conjunction with Renton Neighborhoods & Strategic Planning staff. • "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments," Jones & Stokes, July 13, 2004.' " • "Proposed Renton Shoreline Master Program Use Environment Amendments," Jones & Stokes, March 8,2004. • "Transmittal of Parametrix Review of Wetlands Regulations," Jones & Stokes, July 13, 2004; together with "Best Available Science Ordinance Review" by Jim Kelly, PhD, Parametrix, June 28, 2004. • "Overview and Comparison of Aquifer, Flood Hazard, Geologic Hazard, and Habitat Conservation Regulations to State Example Critical Areas Code," Jones & Stokes, July 13, 2004. • "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13, 2004. Includes proposed code amendments. Includes example sites and how.proposedstream regulations would apply. Each of these documents is available under separate cover from the Renton Economic Development/Neighborhoods/Strategic Planning Department, as well as the City of Renton website (www.ci.renton.wa.us/. under the Department name). ' E. COMMENTS OF REVIEWING DEPARTMENTS The proposal has been cirqulated to City Departmental/Divisional Reviewers tortlieir review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. 1-Copies of all Review Comments are contained in the Official File. __ ,CopiesofaWReview Comments are attached to'this1eport. < .": :.,,\. ,'.: " . . ERCcorisiaered pUblic comments 'made during the' comment period for the Notice of Application and Proposed Determination of Non-significance (DNS)'; and'arepart;ofttleOfficial File; Thecommentpeiipejebegan,'July, W,2004 ' and concluded on August 9,2004, and included a one-week extension of the comment period to allowiadditi(jri~lI '/" 'opportunity for publitc,omlTlent. Th~ public.review processXortheordinanceiscontinuing with the Planning, Commission and the City Council. Parties 9f r~90rd Cl.r~ on a mailirg list t() be notified of upcoming public hearings. The public may also contact the Renton Economic 8evelopnienVNelghb0rhoods/St,.ategicPI~lnning Department, or view the City of Henton website' ,,"',' ·(www:cLr~nton. wa.us/,uoder the Department na/Tle) for upcoming meetings. , , ' Environrnental'Determihation-Appeal'Process: Appeals of the environmental determination must be filed'ihwritiilg orior before 5:00 PM September 1, 2()04~ :A'jJpealsmust be filed in writing together with the required $75.00 application fee with: Hearing,ExalJ1in~r,CitY9f Renton, 1055 South Grady Way, Renton, WA 98055. Appeals lothe Examiner are governed by CitY of Rentori MuniCipal Code. $ection 4-8-110. Additional information regarding the appeal process may be obtain~dfi'9m the Renton CityC!~rk's Office; (425)~430-6510. ' ,,', / City of Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration LUA-04-084, ECF Citizel7 Commel7ts al7d Respol7ses: August 1 ~ 2004 Table of Contents Summary Table of Comments and Responses ............................................................................ 2 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses ......................................................................... , ......... , ............................... : ............ 7 Comments .by James C. Hanken on behalf of JH Baxter and Potential Responses .................. 11 Comments by Richard Gumpert, Independent Development Company, and Potential Responses ............................... , .............................................................................................. 14 Comments by Seattle Audubon Society and Potential Responses ............................................ 20 Renton Shoreline Master Program Definitions of Water Oriented/Non-Water Oriented Uses .......................................................................... 22 \ / . Summary Table of Comments and Responses The following chart summarizes comments and responses that are more fully described later in this document. All comments are a part of the project file and were considered by the Environmental Review Committee (ERC). The comments will be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City C-ouncil who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline Master Program, which governs Lake Washington, are further subject to State Department of Ecology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. Commenter Davis Wright Tremaine for Barbee Mill, August 2, 2004 Summary of Concerns • Proposed regulations appear to have significant adverse impacts on existing land use plans and population allocations, recreational and development opportunities, and private use and enjoyment of the waterfront. • Traffic and pollution associated with concentrating densities elsewhere within the City to offset the elimination of buildable lands under the proposed amendments have not been disclosed or considered. • The proposed revisions appear to- force a few private landowners to bear burdens for the public benefit but should be borne by the public as a whole. The proposed minimum buffer standards have significant adverse impacts on the ability to develop land translating into impacts on economics and land usemore'genera1Iy. Summary Responses • Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the City's existing land use plans anci : p()pul~~~9Il,~Hqcllti()ns.JiM;;§~ty~" i .;~~!~iX~~i~~~Wth:c~p'a~ltW • The City's zoniIJg districts off~r flexibility iii bu'i'ldirigh~igh(~; setbacks,' lot sizes, densities, etc. In addition, the proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductionsl averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. Some of the reduced buffer widths allowed administratively are comparable to current shoreline setbacks and stream buffers in current regulations. • The City's net density calculation, which retains the dwelling unit potential for critical area buffers, is an "onsite" calculation and is not transferable to other sites. • The regulation amendments are intended to meet the goals and 2 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summar'y Responses purposes of the State Growth Management Act (GMA) to consider best available science in regulations and policies, to provide for Shoreline Management Act use priorities as part of the public trust, as well as to meet other GMA and City goals for management of growth. Flexibility in terms of administrative buffer reductions, averaging, and modifications or variances are a part of the regulations to provide for reasonable use. of property. The ordinance as a whole, both standard buffers and requirements and provisions for flexibility, have been considered in the City's environmentalreview. • SEP A focuses on environmental impacts. Fiscal and economic impacts, while they may be important to consider as part of the planning process,~r:e nota required;SEPA.· topi~(W AC 197- 11-752, 197~11-444, and WAC 197-11-450). ~ James C: HankenforJHBaxter, • The detemlination of • See Davis Wright Tremaine . August 9, 2004 environmental impacts must response above regarding zoning accommodate the urban and flexibility and stream regulation industrial nature of many of these flexibility. properties that have current • The regulations recognize that environmental issues such as hazardous cleanup requirements. landfill and dredging and stream Saddling these properties with .' alteration may be required to further economic .constraints.such accomplish site remediation in " ,-.: as proposed may weUdefeat the urban shoreline (Class 1 urban " .. shorelines). These activities can . --positive' environmental: objectives' . : .. :-: ~ " occur in the water body and the City wishes to advance. No evaluation or study as to the effect buffer area according to the of such regulation on the' proposed regulations subject to a economic viability of such stream/lake study and mitigation remediation efforts have been plan, as well as compliance with included or considered in this . Shoreline Ma~J~r Program criteria ~ ,. . , ~ . t ... process, which makes the for these activities. proposal under consideration • See Davis Wright Tremaine fatally flawed. response that SEP A focuses on environmental impacts, rather than fiscal and economic impacts. 3 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses Richard Gumpert, Independent • Density of development within • The CA zone provides flexible Development Company, August 9, certain urbanized growth areas is development standards. See 2004 a critical issue and a major policy Davis Wright Tremaine response objective of the GMA and above regarding stream regulation Comprehensive Plan. The need flexibility. for services as contemplated by the CA zoning remains material, • The regulation amendments are and the location of such intended to meet the goals and development at the intersection of purposes of the State Growth two prime arterials serves Management Act-(GMA) to important traffic and other policy consider best available science in concerns. Reduced density, and regulations and policies, to thereby the reduced services to be provide for Shoreline provided at my Property by virtue Management Act use priorities as of an expansion ofthe buffer from part of the public trust, as well as Springbrook Creek, has not been to meet other GMA and City given adequate consideration in goals for management of growth. the draft ordinance. The benefit Flexibility in terms of to the shoreline of an imposition administrative buffer reductions, of an additional buffer given the administrative buffer averaging, current state of the land, pales and modifications or variances for with the other objectives of the reductions/averaging below the GMA and Comprehensi ve Plan administrative levels are a part of including, withoutliinitation, the regulations to provide for density and the utilization of the reasonable use of property. stock of CA zoned land for the • The proposed regulations allow creation of livable-wage jobs. for already developed stream • By complying with these various buffers to maintain impervious conditions, including using my surfaces (buffers would function private property for a public-.' as setbacks in this case). For access trail and natural veg~tated developments on shorelines with buffer, this Property is vested and partially developed or natural my company should not be buffers, development would need required to dedicate more land as to cluster onsite. a buffer. A landowner who fully • Based on discussions with the complies with and has satisfied all City Attorney, new materially the conditions imposed by the .. ..; City sh()uld not be subject to new complete permit applications vest . . conditions . to the regulations in place at the time of application. Recent case ---. • I did notperceive.imy significant law has affirmed this strict :'>." scientific information, new pr definition of vesting. If a previously existing, that supports materially complete application is the imposition of an additional received by the City prior to the -,~ . -,-buffer at the Property under the adoption of the proposed current situation~'Assuch, any regulations (expected by the end ". ordinance that serves to iinpOse of 2004), thatappiication would . ;madditiohal setback at the' be vested to the regulations in Property is toovbtoadtiri its place at the time of application, application and . sliOlildbe deemed i.e. the current Shoreline Master inappropr.iafegi.vefFthc1other Program and Critical Areas policy objectives and the Regulations and other City Constitutional rights of private development regulations. I landowners. • A~ alt~rnative approach could be 4 ReVIew Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses • The regulation of this specific a development agreement. The Property by the draft ordinance is agreement has to be consistent not fair, disproportionately with the City's development burdensome and inconsequential regulations, meaning one would in furtherance of any legitimate need to put an agreement together objectives. It is tantamount to a before the new rules go into taking by regulation without effect. It would require a public legitimate public justification. hearing. The ordinance should be carefully . drafted to promote its ends and not disproportionately impact private rights without reason. Seattle Audubon Society, August 9, The commenter supports the • Surety Mechanisms - 2004 following provisioris: Performance Criteria: Mitigation • Regulations protect critical areas plan contents are defined in 4-8- meeting definitions/criteria, even 120.D. For example the wetland if unmapped mitigation plan requirements • Conservation easements or other include establishing goals and mechanisms for native growth objectives, preparing a monitoring program, and a contingency plan. areas • Habitat Assessment Evaluation -• Priorities for mitigation -avoid, Citywide. The use of State PHS minimize, and compensate data will help the City define .' Peer review of habitat blocks of habitat, including those assessments at City's discretion, that provide connections, such as particularly for controversial the PHS program category of development cases. "urban natural open space." Also, Recommendations for changes, to the the City's proposed Environment Element amendments include a proposed regulations; or policy regarding adaptive recommended studies: management. • Surety mechanisms for wetland mitigation plans -agree but • Tree Cutting and Land Clearing recommend a list of performance Purpose to Protect Habitat. criteria. Because the primary citywide ," " "",", ,,' ·,:l. '" regulation addressing streams is .:, • Habitat assessment requirements currently found in this ordinance, , ' ".:". -agree. Suggest that the City but is proposed to be -conduct an overall health habitat substantively amended and, J" -assessment;paiticuhfrly looking contained in the critical areas at corridors and areas of regulations, and because the tree interconnection. cuttingnand clearing regulations .. cross reference rather than repeat • Tree Cutting lI.n(ILa~(lClearing Ordinance keep purpose critical area and habitat ,'.' statement to preserve wildlife, conservation,~~g~lations, the .' .. " habitat and other important areas purpose statement was proposed rather than delete. Leave it in to to be amended. draw attention to the importance • Hazard Trees -Criteria or List of of trees as II major, componentof Arborists. The City wishes to habitat. provide some consistency in its • Tree Cutting and Land Clearing review of hazard trees, and has Ordinance -Exemption for proposed a definition as follows: Hazard Trees. City should clearly "[a]ny tree or tree part that poses . . . . ~ . 5 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Commenter Summary of Concerns Summary Responses establish criteria and/or establish a high risk of damage to persons a list of reputable arborist to or property as certified by a ensure such trees meet the qualified arborist and accepted by definition of "hazard" so that the the City." label is not misused and becomes Tree Cutting and Land Clearing an excuse for easy tree removal. • Ordinance -Land Development • The Tree Cutting and Land Permits Criteria for Tree Cutting. Clearing Ordinance includes The focus of the City's regulation performance standards for land amendments proposal is related to developinentlbuilding permits. critical areas. The City has the' The cr:iteria for tree cutting is ability to protect designated incomplete and contains critical habitat through its critical loopholes. area regulations .. Outsideof critical areas, the tree cut!ing,and . land cleilrihg regulati()ns.ensurb . that there is no itidiscririlinate tree removal. AU proposals are required to meet the general standard that "trees shall be maintained to the maximum exterit feasible on the property where they are growing; .. " and the City has the ability to condition plans. 6 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Summary-August 4 2004 Commel7ts by Davis Wright Tremail7e 017 behalf of Barbee Mill Compal7Y al7d Potel7tial Respol7ses Comment 1. The City's proposed DNS fails to adequately consider the magnitude of potential significant adverse impacts associated with the proposed revisions to the City's CompreheJ:lsive Plan and Critical Area regulations. Projects ultimately designed to benefit the environment may need to undergo SEPA review and SEPA recognizes thfs (WAC 197- 11-330(5». Bpecifically, the proposed revisions appear to have significant adverse impacts on existing land use plans and population allocations; recreational and development opportunities,and private use and enjoyment of the waterfront. For example, the amendments reduce the availability of buildable lands on privately owned waterfront prope~ty, resulting in a shift of densities elsewhere (outside of the critical areas). The reduction of buildable lands may conflict with the City's Comprehensive Plan, and this is apparently ignored in the City's documents. The proposed regulations retain critical area restrictions/buffers for certain geologic hazards and wetlands. In developing the new stream buffer regulations it is important to note that the City considered the effect of the new stream regulations on example sites. (See "Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments," Jones & Stokes, July 13,2004, updated from memos with similar infonnation in 2003 and Spring 2004.) These were listed as supporting documents in the SEPA checklist. Buildable Lands. Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the-City's existing land use plans and population allocations. The City has substantial growth capacity above its targets, and the City's net density approach credits densities in stream buffers. The City's zoning districts, particularly mixed use districts as applied to the Barbee Mill property, offer flexibility in building heights, setbacks, lot sizes, densities, etc. to accommodate substantial development. Last, the proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. • The City's buildable lands analysis in 2002 indicated a Citywide capacity for 10,620 housing units based on its Comprehensive Plan land use scheme, not including the new Urban Center zone adopted in 2003 which allows for an additional range of 4,048 to 5,125 dwellings through the year 2030. This is 71 % to 154% above the City's assigned 2022 dwelling target of 6,198 units. The buildable lands calculations assumed reductions for criti.cal areas (steep slopes and wetlands). -- • The City's buildable lands analysis in 2002 indicated an employment capacity Citywide for 32,205 jobs, not including the new Urban Center zone employment allowing potentially between 2,300 to 41,400 additional jobs. This is 17% to 166% above the City's assigned 2022 employment target of 27,597 jobs. The buildable lands calculations addressed reductions for critical areas as noted above. 7 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development may need to cluster onsite. However, City regulations for the commercial, office, and industrial zones allow substantial heights and minimal setbacks, which should allow flexibility in arranging developments (e.g. COR zone for the Barbee Mill property allows up to 125 foot building heights, a 10 foot front yard, no standard rear or side yards, and no minimum lot sizes). For residential developments, it is important to note that, per the City's net density definition, buffers are not subtracted from net density calculations, meaning unit potential within the buffers remains for each site allowed residential uses, and units may be clustered onsite (see response to Comment 2). For example the maximum density in the COR 112 zone without bonuses is 25 units per net acre, and the ability to achieve bonus densities is not cumbersome: Thenumber of units would be determined by calculating densities on all buildable areas and buffers, but not critical areas themselves such as in-water or in-wetland areas. The COR st&ridardsdonot. prescribe a minimum lot size, width,or depth. Building heights, densities, and lise allowances would accommodate a variety of structures including multi-storey attached units. • The proposed stream regulations allow for administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. This is . intended to provide for a variety of site conditions where standard buffers cannot be met. Some of the reduced buffer widths allowed administratively are comparable to current shoreline setbacks and stream buffers in current regulations. For example water-::oriented uses (generally mixed use developments or other developments thaJ incorporateJ;;ignificant public access, visual or physical, similar to that expressly promoted in the COR zone applicable to the Barbee Mill property) may be approved with a buffer of 50 feet comparable to the current commercial setback along Shorelines of the State. Since the 2002 buildable lands analysis made reductions for wetlands and steep slopes; butnot streams outside of wetlands, City staff prepared stream and buildable lands information for City Environmental Review Committee consideration. The general approach was to I} determine the area of the stream corridors, 2) calculate the ratio of developed versus undeve10pedand redevelopable.properties in the City's buildable lands analysis. for single familyz.on~.~; 3) . determim~}he.netacresof buildable parcel~ affected by streamcofridors; and 4}:d.et.Yqpin~tlJ.~ change in the'IlulIlber of possiblellnits. His estimated there would be a24 uriitredll~tlQnby , removing stre~mslromsingle fam.ilY buildable la~d acres,which does not atterth'e~bncius'ions . above. MlJlti(anplyzones, commercial zones, and ~xedus~zones were not inGlu4e4.iIl this analysis. Densitiesassumedin the. buildable lands analysis for these zoneS weie6a~ed onrecerii achiev~d orprot9type densities rath~r ttian the ma;ximuqIdensitiys allow~d whi,ch,'i~, .. . . ..,.. conservative. Also, these zcmes,aliow greater height to express the density/intensity P9te.ntial. , .' ,'" :'. ":".' . Recreation. Proposed stream regulations address recreation. Trails are possible exemptions iri Class 2 to 4.buffers if exemption criteria are met. Other recreation uses would be slJlJje<:;t t() the same critical area stream regulations as other public or private property development. .ForClass 1 shorelines, where the State Shoreline Management Act (SMA).does.not permit exemptions to regulations, the proposed regulations do address public access, a shoreline priority use." Buffer 8 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF reductions for public access are possible due to the need for a shoreline location. Also based on the SMA use preferences, water-oriented uses (that incorporate significant public access, visual or physical as described above) may be granted greater buffer reductions subject to criteria. Private Development. See Response to Comment 3. Comment 2. Traffic and pollution associated with concentrating densities elsewhere within the City to offset the elimination of buildable lands under the proposed amendments have not been disclosed or considered. The City's net density definition/calculation, which retains the dwelling unit potential for critical area buffers, is an "on site" calculation and is not transferable to other sites. The City's flexible development standards in terms of lot widths, setbacks, size, coverage, etc. are intended to allow for flexibility onsite, such as where critical areas are present. Also, the regulations allow for administrative buffer reductions and administrative buffer averaging to address differing site conditions. Last modifications or variances for reductions/averaging below the administrative levels are possible. The City has conducted environmental review of its overall land use plan and annual amendments as appropriate, including traffic and associated impacts. For example a thorough review of City development capacity, with the Boeing redevelopment plans and Urban Center zones was conducted in 2003. The City's analyses address a range of future d(!velopment scenarios consistent with the City's planning efforts. See Comment 1 for related buildable land information. Comment 3. The proposed revisiol1s'app~ar to force a few pr!v.ate landowIlers, to,bear burdens for the public benefit but should be borne by the public as a whole. The proposed minimum buffer standards have significant adverse impacts on the ability to develop land translating int~'hnpactS on economics and land use more generally. The City's "reasonable use exceptions" retain certain baselines under whichdevelopment may not occur even if there are no adverse impacts re~ardless of best available science. See resP'<?nses tb'~omments l' and 2. The'regulation amendments 'are intended to meet the g()als and purPoses bf theStafe Gr()w1:WNtiniagement Act (GMA}toconsiderbest available'scienceiri regulatioris artd'pblicies~ to provide' for Shoreline ManagementA.ct use pri6ritie~dls:part ofihe public trust, a'rwerrasto meet other GMA and 'City 'goals for mariage'inent of groWth. , Aexihiliiy ., in terms ofad:mi!ni~trative buffer reductions, adrhinistfativebufferaveraging; and IIlodifications or variances for'ied'hctionsjaveragirigbe[ow the administrative levels area part of the regulations • to provide for reasdtlablellsi6f pr6p'dtf 'Tli6'ordiri~mce as"a\vh-ole; both'standatd'buffers"ahd' requiremerit§'aflclp;rbvislbns for flexibility , havebeenc()nsideredih the CitY' sen vlronmeiital review. It should be noteo that SEP A focuses on environmental' impacts. Fiscal and economic impacts, whileth~y may 6eirrip()it~mtt() consider as' part onile planhiri'g piocess;are riot arequired'SEPA topic (WACi97-1i-752,i97-11-444, and WAC f97'-11A50). :' 9 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF '\ .J '\ ! Public Process -Advisory Note All comments are a part of the project file and were considered by the Environmental Review Committee (ERC). The public review process for the ordinance is continuing with the Planning Commission and the City Council. These comments will also be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline Master Program, which governs Lake Washington, are further subject to State Department of Ecology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. , -: ,~.:" . 10 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF SummalY-August ~ 2004 Comments byJames C. Hanken on beIJal/ 0/ JH Baxter and Potential Responses Comment 1. Support for Comments made on behalf of Barbee Mill Company by their counsel, Traci Shalbetter. See responses to comments "Summary -August 2, 2004 Comments by Davis Wrigbt Tremaine on behalf of Barbee Mill Company and Potential Responses" above. Comment 2. The determination of environmental impacts must accommodate the urban and industrial nature of many of these properties that have current environmental issues such as hazardous cleanup requirements. These require substantial economic investment to achieve that objective. Saddling these properties with further economic constraints such as proposed may well defeat the positive environmental objectives the City wishes to advance. No evaluation or study as to the effect of such regulation on the economic viability of such remediation efforts have been included or considered in this process, which makes the proposal under consideration fatally flawed. The properties that are zoned industrial or COR need to have significant evaluation as to the impact of such regulation whose adoption may prevent a greater environmental benefit that may accrue from the conversion of such properties to uses less environmentally challenging than current industrial uses. The City's zoning districts, particularly the COR district as applied to the Baxter property, offer flexibility in building heights, setbacks, lot sizes, densities, etc. to accommodate substantial development, particularly appropriate when there are environmental constraints. Featlires of the COR zone that result in flexibility include: range of densities with the potential for density bonuses, 125 foot building heights, a 10 foot front yard, no standard rear or side yards, and no minimum lot size or width. Features of the Industrial zones that allow for flexibility include: no minimum lot depth, no lot coverage standards, no minimum side or rear yards unless abutting residential zones, 50 foot building heights iI!, the IL zone with the ability to request conditional use pennits for greater heights, and no building height limits in the 1M and IH zones. The proposed shoreline buffer regulations would apply a standard buffer of 100 feet and require preparation of stream studies. The proposed ordinance drafted to date includes the following measures to provide for flexibility to recognize differing site conditions: • Density is credited in shoreline buffers. See responses to comments "Summary -August 2, 2004 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses" above. • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development would need to cluster onsite. 11 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF • If buffer averaging onsite is proposed the buffer may decrease to 50 feet, provided it is "made up" elsewhere on site. o The proposed ordinance allows for reduced buffers if there is buffer enhancement or off-site mitigation if an enhanced buffer is not possible. For non-water oriented uses as defined in the Shoreline Master Program, the maximum proposed reduction to be achieved through administrative review is to 75 feet. Currently the proposed regulations structure the Class 1 buffer reductions based on Shoreline Management Act priority uses. Some of the reduced buffer widths allowed administratively are comparable to current shoreline setbacks and stream buffers in current regulations. For example water-oriented uses (genera-lly mixed use developments or other developments that incorporate significant public access, visual or physical, similar to that expressly promoted in the COR zone applicable to the Baxter property) may be approved with a buffer of 50 feet comparable to the current commercial setback along Shorelines of the State. Water dependent development, including water dependent industries, can have as little as 0 foot setbacks. o . The proposed regulations allow specific requests for buffer reductions for necessary roads and utilities, as well as for public access, subject to criteria. o The regulations recognize that landfill and dredging and stream alteration may be required to accomplish site remediation on urban shorelines (Class 1 urban shorelines). These activities . can occur in the water body and buffer area according to the proposed regulations. Applicants for such activities would need to submit a stream/lake study and mitigation plan, as well as comply with Shoreline Master Program criteria for these activities. It should be noted that SEPA focuses on environmental impacts. Fiscal and economic impacts, while they may be important to consider as part of the planning process, are not a required SEPA topic (WAC 197-11-752, 197-11-444, and WAC 197-11-450). . Comment 3. Urge consideration of same comments in opposition to DNS posed by Barbee Mill, as well as comments here regarding the failure to evaluate the negative aspects of the proposed regulations on the potential for clean up of industrial sites. Absence of a full environmental impact determination is a fatal defect. See responses to comments "Summary -August 2, 2004 Comments by Davis Wright Tremaine on behalf of Barbee Mill Company and Potential Responses" above. -Regarding clean up of sites, please note the flexibility of zoning regulations and proposed stream regulations identified under Comment 2. The regulations allow for clean up of hazardous materials as noted above under Comment 2. Public Process -Advisory Note All comments are a part of the project file and were considered by the Environmental Review Committee (ERC). 12 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF The public review process for the ordinance is continuing with the Planning Commission and the City Council. These comments will be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline . Master Program, which governs Lake Washington, are further subject to State Department of Ecology approval. As such the City has been conferring with the State DOE through this process. DOE will consider the City's ordinance and public comments as well. 13 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF "~I f , .. / Summaif -August ~ 2004 Commellts by Richard Gumpert; Illdepelldellt Developmellt Compall~ alld Potelltial Respollses 1. Growth Management Act (GMA) and Comprehensive Plan Objectives -Density of development within certain urbanized growth areas is a critical issue and major policy objective of the GMA and Comprehensive Plan. The need for services as contemplated by the CA zoning remains material, and the location of such development at the intersection of two prime arterials serves important traffic ~nd other policy concerns. Reduced density, and thereby the reduced services to be provided at my Property by virtue of an .expansion of the buffer from Springbrook Creek, has not been given adequate consideration in the draft ordinance. The City's stock of CA zoned landis a part of the balance that was created relative to the contemplated jobs that would be creatf;!<1 witltin the City. Currently my company is under construction of a 60,000 square foot medical ()ffice building that is planned to include ' .. ,. . physicians' offices, a surgery center, a medical lab and other medical-related uses. It.is our current plan to build additional phases that ultimately will create a medical campus with multiple medical buildings and a parkiIlg structure. This plan, if im,plemented, will create livable-wage employment in the City and increase the healthcare services available to the region. These are certainly importa.l1t obje~tives of the City plannil1g prQcess that have been subordinated to other policies witllouta<iequate consideration or public irtput. O~her, objectives of the GMA and Comprehensive Pian likewise need to beweighedin these considerations~ ..' Stream buffers are proposed to be increased, but the increased buffers are not anticipated to significantly affect the City's existing land use plans and citywide growth targets. Th~ City has substantial employment growth capacity above its targets. The City's buildable lands analysisin 2002 indicated an employment capacity Citywide for 32,205 jobs, not including the new Urban Center zone employment allowing potentially between 2,300 to 41,400 additional jobs. This is 17% to 166% ~b()ve the City' s assigne(i2022. ~Ill.ployment target of 27,597 jobs. The CitY'sz()Iling:distriGts,s~ch' as the CA." zone applied to thesl1bjectproperty, bfferfl~xi9rIltX' in buildiIlgl;1~jgq!s-,,~etback,s,l()t sizes, densiti~~:;~~c. 1'0 ac(;oI,IiIn94~te' su.b~tail~ial,geV~1()pifient, and this flexIhility is 'particularly important for sites with environwental features, such as creeks. The CA zone has the following features: " '. . . • • • • • 50 footheigJ{f ,limlt ,w.ithabi"litY t()'ieques(~q<iitional heightwithco~ditional us~pennits , •. .: -.• ' .,",..' ~ c ". ': .'. .' ." . -.' .".'. ' • " " " .", .' , . ." '" : . ", '.' , ", -. _ • No minimum lot sizes or mihi:mum·letwidths ; '. Front yard ~etbacks of 10 feet No niihimuin:n~ar or side yard widths for properties that do not abut residential zones Greater lot coverage allowancesfor propo'sals with parking garages such as that pfoposediri the Phase II preapplication submittal for the subject site. " . 14 Review Draft Responses to Comments Best A vailable Science CAR and SMP LUA-04-084, ECF In addition to the City's flexible zoning standards, the proposed stream regulations offer flexibility to recognize different site conditions, such as administrative buffer reductions, administrative buffer averaging, and modifications or variances for reductions/averaging below the administrative levels provided there is no-net-Ioss of stream ecological function. At a localized level, the City considered the effect of the new stream regulations on example sites. (See "Revised Review Draft --Renton Critical Area Ordinance and Shorelin~ Master Program Regulation Amendments," Jones & Stokes, July 13,2004, updated from memos with similar information in 2003 and Spring 2004.) The potential application of the regulations has also been discussed related the subject site, and various options have been discussed with the property owner. Alsosee the response to Comment3. Please also see Response to Comment 5 regarding the ongoing public review process. 2. VestiD'g by Prior Compliance with Development Conditions~ The Property was mapped in 1998 to create the parcels that currently exist, at which'time the City imposed a . '. requirement that a 50-foot setback be established, a public-access asphalt walking trail adjacent to the easement be built (it is south of the easement on my Property), anda .' privaie~tormwater detention pond al1d bioswale be established south of the trail. By complying with these various condition~, including using my private propertyfor ~ public:::access' ttailaridnatutal vegetated buffer~ tliis Property is vest~d and my company shouldnofbe teq~iredtodedicate tnore land as a buffer. A landowner who fullycolllPlies with and has satisfied allthe conditions imposed by the City should not be subject' to hew . conditions. The proposed ordinance is riot intended to reduce vesting rights as detennined in State Law and . Case Law. Based on discussions with the City Attorney, new materially complete pennit applications vest to the regulations in place'at the time of application. Recent case law has affinnea this strict . definition,of vestipg. If a material!y coIl1plete application is received by the Cityp~ortothe .' adopti~h··of'~.h~,p:i6posedF~grtl~ti()ns· (e~pecte«('by::~hii~nd o( 2(04)~' t~af(lp{)licationwt>,tii~;~ vestedto the regulatioris in placlafthe timeofapPlicatiQil,Le:the curreht Slloretine:Master" Program and Critital Areas Regulations and other City development regillations. .. '.' .' An alternative approach cquld bea development agreement. The agreement has tq be Gonsist~nt. with the CitY's'dev'eI6pment'r~gulations;nlea.ningone would need tdpflt'a.nagreefuenttogether before the new rules go into effect. It would requirea:pubUc hearing .. If a new application is submitted after the new regulations are in effect, the proposal would be subject to the new regulations. We note that thesite'sizeand,the"g~neraLtypes of uses, planned·· may allow some flexibility to meet the proposed regulations. Following are some questions that the proponent may consider: .. ..... .' ' .. " . . . 15 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF ** Can they redesign the private parking accessway closest to the trail area to reduce the access width? Can they plant trees between the access/parking and the trail to provide some function for the stream? **The proposed standard buffer would be 100 feet. It can be reduced to 75 feet if a proposal meets reduced buffer criteria and is a "non-water-oriented use." However, "water enjoyment" uses can go to 50 feet (these are a priority shoreline use). The definition of a water enjoyment use appears on the lastpage of this document. Since the site contains a public trail, and a preliminary site plan includes a mixed office/commercial retail area, could they design it in such a way as to meet the definition of water enjoyment? The proposed regulations allow for already developed stream buffers to maintainimperviolls surfaces (buffers would function as setbacks in this case). For developments on shorelines, with partially developed or natural buffers, development would need to cluster onsite .. 3. The Ordinance is Inapplicable to My Company's Property and in any Event it is Too Broad hi its ApplicaticnI ~ The ordillance does not appear toindude'provisions)hat' . contemplate the situation described above. Specifically, it app~rs to assu,ll,le thilt "undeveloped land'; is all naturally vegetated adjacent to the shoreline .. As des~ .. ibe4 above, the land, ~djacent to Springbrook Creek is developed -it's just tl1at I!ot ~ll buildings have yetbe~n built. North of the Creek is a major industriallle"elopmellt tharindudes hundreds of thouSands of square feet of buildings, and only the 50 foot lJQ:ffer isobserved. On the south side, which is my company's land, although I haven't yelbuilt aUthe .' buildings thaJ u!tjmately will be.at the Property, the nat,..r~ll bJJ,fff;!r, the pu~lic-~cc~s asphalt trailand'the stormwater pond are in situ, and the addjtional strillju#t'ecently imposedas,~~QP~Jitionto the cur,r~llt development will b¢ill pJ~ce S~()J?tlY'·~~9Ils~gu.elltly, there is no,Ila~~r~" v~g~tation south of the asphalt trall, and there has not-been anYi~place for some tiIlli.· .F~rpUl~poses of protecting the shoreline with existing natu.r~lv~g~tation, the Property is already protected and it is "developed" and no further buffer' ~h()yld b~ imposed. My company should not be required to do a panoply of biological studies and . . . take other measllres in order to ,att~mpt to exempt itself, or r.e<luce the imp~<;t, ;r ... o~ tile new ordinan~~~tR~tl;1~r, the orqill~nce~houldaddressthi~ ~it.1,laJionand e~P' .. ~~~jy: ',' ••..... acknowledgeth:a.t,the, ()rd~lla,~ce 40~.~9t~pply, wheth~r,~y"J7~rtq~,orpri()rv~.t.fq~?,~r·a defi~ition o!;~e,~~lpp~~~t, ·~~:g.':~tI,:~,lj~!c9~p{!HIl~p;ol~cr~JJ~~~ti,~,~~ gr;~~,~~t.;;~~,9i?0¥;:";,"·· PrecIous p,-:~xat~J>,nm,~rlY Tlg~~ (1J;.p~~<;t~~.~yth~ P .S~<;;~I1~!!t,~~~Oll~"'~ I~~~~rf@i,·~~.~tlie City mus( t~}{edl~Jime and ~ake th~effort t() assQre th~t !t§or<li.,an~e i.s c.raft¢41() ..... protect thO~~:F!g~'~to th~fuiIeste"tent s\lbj~¢,! only tot~.~ f~bli~r~hce()OtS·l~gi·tiw~t~ public purposes .. I do not believe that sufficient precision has been used 'in ilij~JI!~~~¢{!. Further, the benefit to the shoreline of an i.mposition of an additional bufferglveri:th~" , curr~l}~~~!~,.()t \~~ ;l~p(hp~l~~ ~!IJ t~.e .pther Hl>je(:tives.pf!tt~ .. ~,MA .. , ~,I1~;<;o,mp:r~W~l1s!v~,:; .... ',' .. ' Plan including, without limitation, density and the utilization of the stock of CA zone<i land> for the creation of livable-wage jobs. Please see C()irim~.nt 2regarding vesting. Please also see Comment 5 regardingthe ongoing public review process. . 16 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, and protecting environmentally sensitive areas, among other goals (RCW 36.70A.020). The City Council will consider the balance of GMA goals as it considers GMA requirements to consider best available science in its policies and regulations, as well as it considers Planning Commission recommendations and citizen comments. Further the City Council will need to consider Shoreline Management Act (SMA) Goals sinc'e Springbrook Creek isa Class 1 Shoreline of the State. SMA goals are considered GMA goals. Further the City is to provide equivalent protection to critical areas subject to the Shoreline Management Act as those protected in its GMA critical areas ordinance. SMA goals are excerpted below for shorelines of the state (RCW 90.58.020 Legislative findings '::'-Statep6licy enunciated':-Use preference; also se~ WAC 173-26-176): It is the policy of the state to provide for the management of the shorelines of thestate by planning for and fostering all reasonable and appropriate uses. This policy is desigiled,to insure the development of these shorelines in a marm:et which, while allowingfofli:rriitea reduction of rights of the publici in the navigable waters~ will promote and enhance'the public interest. This policy c(jnt~ITIplates protecting against adverse effects to thephblic health, the land and its vegetation and Wildlife, and the waters of the state and their aquatic life,whil~ protecting generally public rights of navigation and corollary}ights incidental thereto. ' '. ,'., , . ' -, ,. , ", ' *** In th~iIApl~irieI1tario.il ofthi'~p6Hb(th'epublic's opp()rtunitytoenjoy thephysic~l'and aestfietic qUl.llitl~s 'ofn~tutalsHof¢lihds'Ofthe state shin be'preservecl't6;thegreates( ,. extent fdasi~lecorisisteritwitlrthe ~;v~r~n best interestof'il1estate and'thepeople generally.'To tlii~ end uses shaU be, Rfeferted which areconsi'stentwith C()nttolof pollution andp'reyention of damage'to the natura.renvitonment~ or are unique to or dependent upon use of the stat~'sshofeiihe. Alterations' ofthe natural condition'oftne shorelines of the state, in thoseliITIitedinstances when authorized, shall be given priority for singlefanuly residences and, tp:e!(~ppurtenant structures, ports, shoreline recreational us~s il1cNq!til1?u(n9t' limit~(l~q ·p~k~~;.mann.as,piers,and otherimprovetnents" " •. " /- faCilifatirig pUblic access to shorelinein)f the 'state, industnal and commercial dev~(opm~nts '~hich are i>articul~li slf3p'eI1dent '9ntii~ir loc?tion on 'oruse of;ifi~" shoreiin~s of the state and 6the?developmenttha( \VHlpto~lde;in -oppdittiriity't6rf~' '.' supstaritlafnuIT1pers o{th~ peppleJoehjoy the shorelinesofth~state. A1teratiotisp~the natUialc6i1dition Of :the shoreliilbs' arid: shoreiafids of the, statesllalt' be rec6gnized'by tfie deg~~e~~~' ..... ,,''-; . .,; .~ Then~ ~fedd¥ti6\i~r: itriaeru'se'piet~rehtes;idt'$HbreIil1es ·of. St<hbwide Sigrtificatice ~ppligaBle' to Lakc'Washingt<m. .... , .;, The proposed shoreline buffer regulati9ns wpuld apply a standard buffer of 100 feet and require preparation of stream studies. The proposed' ordinance drafted to elate includes the following measures to provide for flexibility to recognize differing site conditions: 17 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF \ J .J • Report preparation requirements may be waived by the City if a barrier exists between the water body and the proposed activity, or applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. (There are other waiver potentials if the water body or buffer does not exist on a site and the subject activity won't impact it.) • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case). For developments on shorelines with partially developed or natural buffers, development would need to cluster.onsite. • If buffer averaging onsite is proposed the buffer may decrease to 50 feet, provide9 iUs "made up" elsewhere on site. Buffer averaging below the requirements would require _~variance. Basedon discussions with Andy Kindig and Carl Hadley"our scientific consultants-on streams, the existing oversizeddeteIltion.pondwoulc;lRrOYjdeonly a parti(llbe1wfit for the _ stream --the trees/vegetation may provide function ror.the slreams,but n()t tn~opeRW(lter __ areas. It could be possible to partially count the detention pond vegetated areas tow.rrd buffer averaging, but this probably won't make up the full area needed. • The proposed ordinance allows for reduced buffers if there is buffer enhancement or off-site mitigation if an enhanced buffer is not possiblel . For non-water oriented uses as defined in the Shoreline Master Program, the maximum proposed reduction to be achieved through , administrative review is to 75 feet. Currently the proposed.regulations structure the cCI aSs 1 buffer reductions based on Shoreline Mariagement Act priority uses, andreductions are _ possible for other categories of uses such as "water oriented~" Similar to the wetland regulations, there are maximum buffer reductions that can be requested adiniriistratively; and requests for buffers below the administrative level would require a variance. (In this case, a shoreline variance would:be needed and is ultimately approved by the State Departnleni6f Ecolegy after Renton reviews it.) Defihitions of water-orierited·developmenfappeaF~dh·the last page of this document. • The proposed regulations allow specific requests for buffer reductions for necessary roads and utilities, as well as for public access, subject to criteria. . - As described under Comment 5, the public review process for the ordinance is continuing with the Planning Commission arid the City' GounCil.' ,-_:"'C' ,;" .. ; ..... : .~.' :.' .' .: ~ ,.; t .; .. 4. Best AvailableBcience-Having readtheconsultant,:s·jrepdr.t-upon 'whidi· thepr~PQ~e4; ordinance is based, I did not perceive any significantsclentific information, neW{OF"'!~;',;, previously existing, that supports the imposition of an additional buffer at the Property under the current situation. As such, any ordinance that serves to impose an additional setback at the Property is too broad· in its application and should be deemed inappropriate given the other policy objectives and the Constitutional rights of private landowners. The proposed buffer standards are based on a review of the best available science by the City's consulting biologists. The ordinance applies citywide, but is customized in terms of its I The City's consulting biologists indicated that planting trees east/south of the trail may provide some function for the stream, e.g. leaf litter, shade, and temperature. '18 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF classifications of water bodies, and in terms of flexible measures intended to address various shoreline conditions. Please see response to Comment 3. 5. Fairness and Cooperation -The implementation of land use regulations requires good faith by both the City and the landowners. The imposition of conditions to development needs,to be fair, related to the development and the co~sequences it will have, and reasonably sculpted to further important public purposes. My company has honored the conditions and fees imposed on its various developments in this City and neighboring jurisdictions in a spirit of cooperation. However, in this instance it appears that the regulation of this specific Property by the draft ordinance is not fair, disproportionately burdensome and inconsequential in furtherance of any legitilnateobjectives. It is ' tantamount to a taking by regulation withoutlegitimate public justification. Rather than the burden being placed on the landowners in such circuniStances to exempt itself from the ordinance, the ordinance should be carefully drafted to promote its ends ahd'not' disproportionately impact private tightS without reason. The regulation amendments are intended to meet the goals and purposes of the,State Growth Management Act (GMA) to consider best available science in regulations and pol~cies, to provide for Shoreline Management Act use priorities as part of the public trust, as well as to meet other GMA and City goals for manag(;!ment o~ growth. Flexibility in terms ofadministrgtive buffer reductions; administrative buffer. avenig~l1g, and modifications or variances for reductions/ayeragingbeiow the administrative levels are a part of the regulations to provide for reasonable use of property. The CitY'sEn~ir~nmental Review Committ(;!ehas 'consideredthe comments and, they ar~ part of the proj~ct fi~e"the public revieWproc,ess for the ordinance is continuing with, therl~IlIring Commission and the City Council. These comments will also be forwardedtoth(;!Plannirtg Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Provisions related to the City's Shoreline Master PrograIl),whichgqvems SprillgbroolcCr~ek, are further subject to State Department of Ecology approval. As such the City has been conferring,;with the State DOEthrougi} tQ.is~procel)s., DQ,E,will ~OI1sider, tQ.~:~~ty;~~,ofQin~<:;t! JU)<L , public comments1ts w~lk ....... ..' "X, .• : •. " '. ",' ,i;';' .: .. ·~.···:>·~L·';··;'t.·:',,>~. 19 Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF Summaty 0/ August ~ 2004 Comments by Seattle Audubon Society and Potential Responses Comment 1. The commenter supports the following provisions: • Regulations protect critical areas meeting definitions/criteria, even if unmapped • Conservation easements or other mechanisms for native growth areas • Priorities for mitigation -avoid, minimize, and compensate • Peer review of habitat assessments at City's discretion, particularly for controversial development cases. The comments are noted and will be forwarded to the Planning Commission and City Council since they will be holding hearings. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Comment 2. Recommendations for changes to the proposed regulations, or recommended studies: • • • • • Surety mechanisms for wetland mitigation plans -agree but recommend a list of performance criteria and specific courses of action if standards are not met. Could be tied to adaptive management. Habitat asses~ment requiremen.ts -agree. Suggest that the City comluct an'overall health habitat assessment,particularly looking atc~rl-idors~nd areasofi " interconnection, to allow for a "big picture" view arid-not justiridividiiafpatcels. Tree-Cutting and Land Clearing Ordinance currently includes 'a purpose statement to preserve wildlife habitat and other important areas -this is being'removed since critical areas regulations cover. Disagree since not all habitat will be identified in the critical areas regulations (covers onlyspecific identified areas). Leave itinto"r~w attenti~n to the importance of trees as a major component of habitat. Tree_,~~it'~p~~and-L~n4~le~l"i~g,Or~~n~pceex~wR~,r~m9V~I~fd~a4~di~~iliie(l;:·" ,'; , , '," " damaged,;or,aangerous, gromldcover or trees., ,'the'proposarlns~rtStlte~word"'hazard;' ,-.", before:~Ji'~~.';ity shouJd cle~rly_~sU!l>l!~bCriterf~ ~ptVQr,';e~tablisija)i~t ~(,l-~~#6t~le" " arborisUoiensure suchctrees meeUhe definition of ''hazard'; so that theblbel~is'n6t · Il1tsJ~~e!4'~~H!;'~~S~mWs ,~p~xc».s~J?r~~sy tree r~ht()~~I.; '_ ",' ,-,', The'Tree;:Cuftin'gi;and La'nd :ClearingOrdiriance:iIlciudes,perl'ormance,stand~rds,for lfind'-d({veloplhentlbuildingpermits~ The criteria for' tree cutting is in~ompleteaIid " coiitains loopholes. Significanttrees over a cettaintcaliper and tre~ proposed to be cut, , shouldbe;identified regardless of circumstanc~o{Staff note: the section refyrenced by the. commenter indicates that except for critical areas and zoning setback areas trees to be cut Can be generally indicated with "clearing limits.") 20 Review DraftResponses to COIIlIIlents . Best Available Science CAR and SMP LUA-04-084, ECF Responses: The comments are noted. The City's Environmental Review Committee has considered the comments and they are part of the project file. The comments will be forwarded to the Planning Commission and City Council. The Planning Commission is charged with making recommendations to the City Council who will ultimately be responsible for ordinance approval, with any ordinance amendments they may entertain. Specific responses are provided below. Surety Mechanisms -Performance Criteria: The surety clause applies to any mitigation plan required by the critical areas ordinance. Mitigation plan contents are defined in 4-8-120~D. For example the wetland mitigation plan requirements include establishing goals and objectives, " preparing a monitoring program, and a contingency plan. . . . ' .' " .. :-i-.: ";";.: . : Habitat Assessment Evaluation -Citywide. The City's Habitat Conservation regulations llse the State's Priority.Habitat and Species Program in part to define and map critical habitat The use of this State data will help the City define blocks of habitat, including those that provide connections, such as the PHS program category of "urban natural open space." Please alsonote that the City's proposed Environment Element amendments include a policy regarding adaptive , , management. The recommendation that the City conduct a habitat health evaluation on a broader basis may be one way to implement the policy in the future. -'':. " Tree Cutting and,LandClearinRPurposehlProtect Habitat~ Because tbeprimaryGitywi'de regulation addressing streams is current! y found in this ordinance, put is proposed to1?e ' '. : ' substantively amended ~nd contained in tll,e critical areas regulations, and because the tree cutting/land clearing regulatic)fls crossrefereilcerather than repeatcntiCaFan!3.'andhabitat . conservation regulations, the purp6s6~t~ieiheii.t \Vas 'proposedt<ibe'arrleiide&" ' , :., . ",,' ,,' ", .' . . .:'.,. '. '. Hazard Trees-Criteria or List of ,t\rborists. The City wish~s t() provide SOInI? c()I1sisten~y in its review of "hazard trees," and has proposed a definition as follows: "[a]ny tree ortree,partthat poses a high risk of damage to persc)Osorproperty as certified by a qualified arborist and accepted bythe',City."The City will review ~ubIllissioIls by qualified arborists." ;, Tree Cutting ,~~~, Land ~learing Ordin~mce -'Land {)~v~loPlDentrermi!S'Criteii~f()':Tree ~::!:tke~~!~~ft~~t~J!YiI~Wtti~rt~i1:~fie:J~~~S,~1;J~~=~~t~~~~l\~r;·· ..... regulaii6Pswou'(rpof¢~jI1f1ictan4. 'workill concerhvith oneanotner. The City has the ability to protect designatec(cnHcal habitat through its~ritic':il' area regulations~ 'Outside'of'<?riticalareaS,' the tree cutting and hind clearing regula:tibHs'ehsuiethatthereis~Ao'indiscilffiihatetree'reriIOval: While the land:iievelopmentpenoffilance'stand!lfQs'indicate that; :eX,'qmtfof ~qtiy.~.I(flI:e~§.~aJ1(hi zoning setback~ ar~as, trees to oe'c,utcaii be'igel1erally indicated'with"~learing #mi!~,:~JW?p()s.~l~ i are required to meetthe generaLstanda:td,that'.'tre~es shall be :mail1!aineqto'th~,m~tJ;lll,lm~~tent feasible on the property where ,they are growing;;. ",and theCityh~sthe, ability tgc,oI,ldit,i9P plans; 21' Review Draft Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF ') >-./~ , .... L Renton Shoreline Master Program Definitions 0/ Water Oriented/Non-Water Oriented Uses W ATER-ORIENTEDINONW ATER-ORIENTED: "Water-oriented" refers to any combination of water- dependent, water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Shoreline Management Act. "Nonwater-oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples of non water-oriented uses include professional offi.ces, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations;these uses may be considered water-oriented where there is significant public access. W ATER-ENIOYMENT: Referring to a.recreational use, or other use facilitating public access to the shoreline as a pr~~ary characteristic of Weqse;or a use that provides for recreational use or aesthetic. enjoyment of the shoreline for a substantial IlUmberof people asa general characteristic of the· use an4' which through the location, design and operation assures the public's ability to enjoy the physiCal and aesthetiC qualities of the shoreline. In order to qualify asa water-enjoyment use, the use must ~ open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include,but are not limited to, parks, piers and other improvements facilitating public access to the shorelines of th~ state; and general water-enjoyment uses may include, but are not limited to, restaurants, museums,' aquari.ums, scientific/ecological reserves, resbrts/hotels and mixed use commercial/office; provided that such uses conform to the above water-enjoymexit specifications anc:i the provisions of the Shoreline Master Program. WATER-DEPENDENT: Referring to uses or pOItionsof a use which cannot exist iriany other 16cation and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water- 'dependent uses may include ship cargo terminal loading-areas, ferry and passengertemunals, 'barge loading facilities, ship buildinganddx:y .. doclci~g, marinas, aquacultu~e, fl()atpl~gefa¢ilitiesandsew;~r outfalls. WATER -RELATED:-Referring to a use or portion of a use which is not intrinsically dependent· on a waterfront location, but whose economic viability is dependent upon a waterfrontlocation because: . 1. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or . . .. 2 .. The.use,providesa,necessary service supportive of the water-dependeritcommercial.activities:and,the· proximity of the useta' itscustomersniilkesits'services-Iess-expensivi?and/?r·more convenient; Ex~rles· include manufacturers o(shipparts latgeen6ugii tHat'transporta:tion'tjetomesasigIilficanifactoHri:U1~ ':. products cost; pr~fessional services serving primarily water-dependent activities and storage of water- transported foods. Examples of water-related uses may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and log storage. 22 Review Draf~ Responses to Comments Best Available Science CAR and SMP LUA-04-084, ECF ""':.:: I BUFFER COMPARISON: STATE, KING COUNTY, RENTON Jurisdiction/Classification Standard Buffer Width State DCTED: Type 1 State DCTED: 250 feet plus 15 foot setback King County (draft) : Type S, King County (draft): 115 -165 feet plus 15, foot setback Renton (draft): Class 1 Renton (draft): 100 feet State DCTED: Type 2 State DCTED: 250 feet plus 15 foot setback King County (draft): Type F King County (draft): 115 ~ 165 feet plus 15 foot setback Renton (draft): Class 2 Renton (draft): 100 feet State DCTED: Type 3 State DCTEO: 150 ~20b feet plus 15ft setbaCk King County (draft): Type F King County (draft): 115 c 165 feefplus 15fdi)fsetbaCk Renton (draft): Ciass 2 Renton (draft):'100feet" ,'" .'".;." " State DCTED: Type 4 State DCTED: 150~225 feet plus 15 ,foot setback ' . King County (draft): Type N King County (draft), 65 feet buffer plus 15 fodtisetback Renton (draft): Class 3 Renton (draft): 75 feet State DCTED: Type 5 State DCTED: 150-225, feet plus 15 foot setback King County (draft): Type 0 I<.ing County (draft): 25 ,feet plus 15 foot setback Renton (draft): Class 4 Renton (draft): 35feet Ability to request reduction adrninistratively? State DCTED: No " KihgCo~nty: Yes (1) , . , . 'Renton: Yes (2) . :. ' . . . ~ " '-, .. ~". ... " ", . ;"-- DCTED = Washington State Department of Community;-Trade,and Economic Development Example Code . (1) Alterations are allowed to,maintain, repair or replace existing ,structures or infrastructure and to continue existing agricultural, activities, New structures, infrast~cture and expansion of agriculture activities, may be required to meet new standards or may not be allowed unless a variance oralteration exception is approved or <I farm plan is developed. Subject to I,isted conditions reductions allowed for topography/geology/soils; road transects; advanced mitigation, Alterations allowed for in-water facilities; utilities; roads; flood protection; agriculture, '", ,,' . "," (2) Reductions for new developmenl,including, general uses, shor~line, priority uses and'sites.separated,fromshoreline (e.gejl}tefV.ening lots, roads,\~tc,),. to specific levels,proyided, the~e. is (11itiga,tion/enhaficement and .ot~er, cri,teria,~Allow,!nces subjectJo criteria, for dredging; stream" ',,;,:'" relocation; conserv~tiOnlenhance~e~t; existin'gagricult~'re; existing u'~es';utilities; roacts; trails/open sp~ce; e;),eriiencies:,' '" '" :;-,~::: .. ,--:\ ... ;:;,~,~. ~:. '.~ .. ~'.:", .: ,.-,} .... :. :,~,,:,::~'.:""~':,> .. ,~':.>'::.~ ~.:. -,.(."' ... :::-; .... ~.;:.:} ;.:,i;"}:'·;', ";;';',' .. ':. ~,~:i:,\~·.' ::,',;: , "'; ','-: ; --, '~', m Jones & Stol{es Memorandum ____________________ _ Date: July 13, 2004 To: Rebecca Lind, Principal Planner, City of Renton; From: Lisa Grueter, Senior Planner Subject: Revised Review Draft --Renton Critical Area Ordinance and Shoreline Master Program Regulation Amendments OVERVIEW The Washington State GMA provides that local governments should manage growth by discouraging sprawl, accommodating a range of housing types and employment, and protecting environmentally sensitive areas, among other goals (RCW 36.70A.020). GMA requires protection of wetlands, aquifer recharge areas used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas (RCW 36.70A.030). Since the original GMA was instituted in 1991, GMA has been amended with respect to critical areas, particularly to require the use of "best available science" in critical area policies and regulations and consideration of anadromous fish species. Partly in response to GMA, the City of Renton adopted Critical Area Regulations between 1989 and 2000. The City regulations currently address: • Aquifer Protection Areas • Geologically Hazardous Areas • Habitat Conservation Areas • Frequently Flooded Areas; and • Wetlands The City Critical Area Regulations "reserve" a section to address the protection of streams and lakes, which otherwise are minimally addressed in the City's Tree Cutting and Land Clearing regulations (25 foot setback from waterbodies). / Given the status of the stream regulations, the focus of the City's efforts to comply with the GMA best available science provisions relates to streams, and a series of recommendations by 11820~NorUiupWay, SuiteE,300· Belle\,ue,WA 98005-1946 • ittt 425822.1077 • fax 425822.1079 ww ..... ·cj(J(lcsMltis{(jla:-s.ct)m Page 2 of 18 July 13,2004 the consultant team have been prepared to establish water classifications, buffers, and other related items. However, to document the City's compliance with best available science for the remaining GMA critical area topics and effectively use the City's resources, more limited scope reviews and evaluations have been conducted. These limited scope reviews include a best available science evaluation of wetland regulations, as well as a comparison of the City's aquifer, flood hazard, geologic hazard, and habitat conservation regulations to the State Department of Community Development's Example Critical Areas Code. These evaluations are available under separate cover. The purpose of this memo is to give an overview of the proposed regulatory amendments by each critical area topic. Aquifer Protection Areas (CAR) The City of Renton water supply is obtained from four sources: • The Cedar Valley Sole Source Aquifer • Springbrook Springs • Maplewood Production Aquifer • We1l5A These sources are protected by designating aquifer protection area zones (APA zones) and restricting land use, limiting and restricting hazardous materials, and establishing construction activity standards, fill quality reporting, and stormwater management requirements within the zones. Renton's APA zones are defined as follows: • Zone 1: The land area situated between a well or well field owned by the City and the three hundred sixty five (365) day groundwater travel time contour. • Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from an aquifer that is partially protected by overlying geologic strata. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by exemptions. • Zone 2: The land area situated between the three hundred sixty five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to a well, well field, or spring is naturally protected by overlying geologic strata, the City may choose not to subdivide an AP A into two (2) zones. In such a case, the entire APA will be designated as Zone 2. The City's Aquifer Protection Area Regulations include the following: Page 3 of 18 July 13, 2004 • Designation of Zone 1, Zone 1 Modified, and Zone 2 Aquifer Protection Areas (APAs) as described above. • Establishing Operating and Closure Permit requirements for facilities in all Zones • Requiring removal of existing facilities in Zone 1 if they store/handle/treatiproduce hazardous materials in quantities greater than 500 g;tllons • Performance standards, all AP A Zones Requiring secondary containment Requiring hazardous materials monitoring and providing standards for release restrictions, including in Zone 1 added site monitoring and site improvement standards to protect against hazardous materials release Limiting application of pesticides and nitrates near wells and springs Establishing wastewater disposal requirements Establishing surface water management requirements Regulating pipelines Providing construction activity staruards and fill material requirements Regulating existing solid waste landfills • Zone 1 Modified is similar to Zone 1 except that: Existing facilities are not subject to the 500 gallon hazardous material quantity and they would not have to relocate or reduce inventory Existing septic tanks are allowed and new septic tanks would be allowed if City sewers were not available Infiltration of storm water would be allowed as with Zone 2 Existing facilities would not be subject to site improvements (e.g. groundwater monitoring, paving, stormwater management improvements, etc.) The City's regulations are similar to the State Example Code in intent, and are tailored to the City's critical aquifers. A minor amendment to replace the aquifer protection zone map in RMC Figure 4-3-050Ql with map patterns that better distinguish between Zone 1 modified and Zone 2 is proposed. A discretionary code amendment could be included to allow the City to require a Page 4 of 18 July 13, 2004 hydrogeologic assessment if a proposal has a potential to significantly affect groundwater quantity or quality. Otherwise, amendments or added regulations are not recommended. Flood Hazard Areas (CAR) Floodplain hazard areas, including the 100-year floodplain and floodways, are designated along the City's major streams including: • May Creek • Cedar River • Black River • Springbrook Creek Additionally floodplains of the Green River extend into the City limits along the western city limit boundary shared with Tukwila. The City implements the Federal Emergency Management Agency (FEMA) Model Floodplain Management Regulations (RMC 4-3-0501), which allows flood insurance to be sold in the City. It designates areas of flood hazards and applies construction standards for residential and nonresidential development in the flood hazard areas. It is recommended that the City continue with its Flood Hazard regulations with the following adjustments: • Add the State DOE requested amendments to address updates to the Federal/State Model Flood Damage Prevention Ordinance, or to address other clarifications, in order to maintain flood insurance eligibility. These include: Definitions need to be added or amended, especially "basement" and "development," to specifically implement the flood hazard regulations. RMC 4-3-050.I.3.b.i and ii, Manufactured Homes: Minor revision to indicate that the foundations be " ... securely anchored to an adequately designed anchored foundation system to resist flotation, collapse, and lateral movement." RMC 4-3-050.1.3.c, Nonresidential Construction. Subsection c.i needs to be amended as follows to ensure the City receives credit towards insurance rates: i. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; RMC 4-3-050.I.4.b, the last sentence should be amended to match the most recent State Model: ii. Repairs, reconstruction or improvements to a structure, the cost of which does ....... Page 5 of 18 July 13, 2004 not exceed fifty percent (50%) of the market value of the structure either: a) before the repair, reconstruction, or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not b@ includ@d may be excluded in the fifty percent (50%). • Require the use of additional information that is more restrictive than Flood Insurance Rate Maps. The primary concern is to regulate mapped flood hazard areas and establish base flood elevations based on federal studies. However, appropriate situations where the City could require additional future flood information include: development in unmapped areas or bridge construction proposals. Geologic Hazard Areas (CAR) Geologic risks in the City of Renton include: • Erosion hazards • Landslide hazards • Seismic hazards • Coal mine hazards • Steep slopes, including sensitive slopes 25-40% and protected slopes greater than 40% (often considered to be a landslide hazard) To a lesser extent there is a potential for volcanic hazards. The adopted Geologic Hazard regulations: • Classify hazards using criteria. Based upon a report prepared by GeoEngineers Inc. for the City of Renton in 1991, the regulations include criteria for landslide hazards, erosion hazards, seismic hazards, and coal mine hazards. Maps of these hazards are to be used as references. • Address exemptions within Geologic Hazard areas. • Require peer review of geotechnical reports for properties with slopes 25% or greater, and Medium, High or Very High Landslide Hazards. Independent peer review of geotechnical reports may be required for properties with High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards. For any of the hazards, conditions of approval may include modifying construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. Page 6 of 18 July 13,2004 • Address slopes between 25-40% that do not have identified erosion or landslide hazards, by requiring peer review of geotechnical reports, erosion control plans, and weekly erosion control inspections. The regulations would also authorize conditions of approval which may include modifying construction techniques, design, drainage, project size/configuration, seasonal constraints on development, vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. These same potential conditions of approval apply to lands with Medium and High Landslide Hazards and High Erosion Hazards. • Restrict development on slopes over 40%. Exceptions include man-made slopes (e.g. from legal mining operations) pursuant to a modification, a single family dwelling on a lot of record pursuant to a variance, public utilities needed to protect slope stability, and public road widening where alternative locations are infeasible. Modifications may be allowed such as allowing fill at the base of a 40% slope. As with other modifications, report submittal, and review criteria would apply. • Restrict the creation of lots having a predominant 40%+ slope. • Require a buffer of 50 feet from a Very High Landslide Hazard Area, which may be increased or decreased administratively based upon a geotechnical report. • Provide a review process for Coal Mine Hazards. The regulations require a report to document potential Coal Mine Hazards, authorize conditions of approval, and indicate requirements for mitigation during construction. • Establish detailed report preparation requirements for each potential hazard located on a site. The regulations are comparable to the State Example Code. Minor improvements to the City's adopted geologic hazard regulations are proposed below. • To strengthen the City'-s general performance standards, the following review criteria are proposed to be added: The proposal will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; The proposal will not adversely impact other critical areas. The criteria would also state that the development must be safely accommodated, summarizing other geologic hazard standards in the City's code. • The regulations would newly address volcanic hazards. The risk is generally low, and could include inundation due to lahar sedimentation or ashfall (tephra) The proposed regulations would require critical facility proposals (e.g. government, hospital, etc.) in the Lower Green / Page 7 of 18 July 13, 2004 River Inundation Area as mapped by the USGS to demonstrate adequate engineering standards regarding volcanic hazard risks and an evacuation and emergency management plan. Habitat Conservation Areas (CAR) The City of Renton and its Potential Annexation Area contain habitats supporting wildlife species. A key source of information about wildlife, including those endangered, threatened, and sensitive, is available from the Washington State Department ofFish and Wildlife (WDFW) Priority Habitat and Species (PHS) Program. Priority habitats in the City of Renton include wetlands, riparian corridors, and urban natural open space. The lake, rivers, and creeks support anadromous fish runs. Other priority species include bald eagles, osprey, great blue herons, and other waterfowl. The City's Habitat Conservation Regulations address: • Criteria defining "critical habitat." Critical habitat includes: species that are listed as endangered, threatened, sensitive, monitor, or priority by Federal or State agencies; heron rookeries or raptor nesting areas, Category 1 wetlands; and shorelines designated as Natural or Conservancy in the Shoreline Master Program. • Habitat assessments. Reports are required, and peer review may be required. • Native Growth Protection Areas. Critical habitats are to be placed in Native Growth Protection Areas. • Disturbance. If a critical habitat area is to be altered, impacts are to be avoided, minimized or compensated. Mitigation may be required based upon submitted reports, or information from State or Federal agencies. The City regulations provide a comparable review process for habitat conservation areas in comparison to the State Example Code. Potential minor measures to enhance the City's . regulations are suggested -to reference State standards for bald eagles, and to clarify that activities adjacent/abutting to designated habitat conservation areas may be regulated. Also, amendments for streams would remo\e "shorelines designated as Natural or Conservancy in the Shoreline Master Program" as habitat conservation areas since streams and shorelines would have a separate proposed set of regulations including buffers, and amendments clarify that Habitat Conservation regulations apply to non-salmonid species, while stream regulations address primarily salmonid species. Streams and Lakes (CAR and SMP) The proposed major regulatory changes are to add stream and lake buffer requirements to the Renton Critical Areas Regulations and Renton Shoreline Master Program. In both sets of ) Page 8 of 18 July 13, 2004 regulations, the regulations address the following key concepts (attached flow charts demonstrate the regulatory approach): • Classification: A five-level stream typing system based on whether the water is salmonid- bearing, and water body flow characteristics. Among the salmonid-bearing classes, the differentiation is based on whether the water body is a major watercourse versus a tributary. Among non-salmonid bearing waters, the distinctbns are perennial versus intennittent flows, and artificial channels. A process is included to help classifY unclassified streams. As laid out in the regulations Class 1 streams are consistent with designated Shorelines of the State (as well as consistent with mapped Chinook presence) and therefore are addressed in Renton Shoreline regulations (see below). Class 2 to 4 water bodies, salmonid bearing and non- salmonid bearing, receive the most attention in the Critical Area Regulations. Class 5 water bodies are manmade streams and are not regulated. The attached map identifies the draft water class map. • Inner and Outer Buffer Zones: As a result of Best Available Science review, the proposed stream/lake buffers would increase from 25 feet (required in Tree CuttinglLand Clearing Regulations today) to a range of 35 to 100 feet depending on stream class and salmonid use. To allow for some changing environmental conditions and functions in an area, such as that riparian functions diminish with distance or to recognize existing urban development, the concept of "inner versus outer zones" is proposed. The "outer buffers" standard refers to standard un-enhanced buffer widths. "Inner buffers" refers to the possibility of reducing the standard buffer width with enhancement (range of25 to 75 feet). Standards for redevelopment are also included, i.e. recognizing that a natural buffer may not be possible on an already highly urbanized site in which case the buffers function as setbacks, and standards indicate no addition of impervious surfaces is allowed although they may be rearranged. • Defined Rules versus Variable Rules Meeting Environmental Objectives: Two regulatory approaches would be incorporated - a Standard path where if a water body is classified and buffer standards or other regulations are met, development may proceed -or an Alternative path, either where conditions may not be well known requiring more in depth review and analysis of appropriate standards or where an applicant wants to vary a standard but the City needs to be assured that ecological functions are protected. This is translated into activities that may proceed according to standard criteria with standard report/analysis requirements versus those that must provide supplemental analysis/mitigation plans and respond to discretionary criteria. • General Principles -Avoidance and No-Net-Loss of Function: The regulations promote: a) avoidance of the stream/lake and associated buffer and b) no-net-loss of ecological functions if avoidance is not poss ible (or development already exists within the new, larger buffers). Specific to the Shoreline Master Program Regulations, other amendments include: Page 9 of 18 July 13, 2004 • SMP Sections E to I: In the Renton SMP Regulations, amendments to sections describing Shoreline Use Environments are incorporated as noted in Section 3 of this Project Narrative. Essentially, these amendments address the map environments and use allowances applicable to the Black River and eastern extent of Cedar River in the City primarily to address text/map conflicts and an unclassified annexed area. • SMP Section J: Renton SMP Section J provides for general standards applicable to all development. It is in this location that shoreline buffers/setbacks are added. Approaches to the buffer/setbacks are also provided similar to those described above. To address the use priorities of the Shoreline Management Act while addressing shoreline protection, the ability to reduce buffers/setbacks requires an evaluation, and the potential reductions vary according to use priority. • SMP Section K: Following from Use Environment amendments (sections E to I) as well as review of model ordinances, some amendments to development standards for trails, roads and utilities are included and are similar to the stream/lake standards included in the Critical Areas Regulations. • SMP Nonconforming Uses: When nonconforming use and development standards (for "grandfathered" uses or buildings) do not exist in a local government's Shoreline Master Program, the definitions and standards of Washington Administrative Code (WAC) 173-27- 080 apply, and these address continuation of nonconforming structures, nonconforming uses, replacement after acts of God, and other provisions. Renton's SMP has not contained nonconforming regulations and to this date would have been subject to the State WAC requirements which are more strict in terms of procedure (e.g. requirements for a Shoreline Conditional Use Permit in some cases) than the City's standard nonconforming regulations. However, it is important tlRt the City have some consistency in its nonconforming standards. Renton's Title 4, Chapter 10 contains the City of Renton's nonconforming structure and use standards that generally apply in the City, and it is proposed that the City's Shoreline Master Program incorporate these. Wetlands (CAR) In 1991, the City inventoried and identified approximately 367 acres of wetlands within the City limits. Within Renton's sphere of influence, approximately 1,067 acres of wetlands were identified. Wetland types found in Renton and its sphere of influence include bogs, emergent marshes, shrub/scrub, forested and old growth wetlands. Most of the wetlands are adjacent to rivers and streams although other smaller concentrations are found elsewhere. Most are located in the "Valley" area of Renton inside the City limits. Wetland inventories have been updated in some portions of the City, such as through the City's 1997 Eastside Green River Wastershed Plan and Environmental Impact Statement. The City's wetland regulations classifY wetlands, require wetland assessments, provide buffer standards, and establish wetland mitigation standards including replacement ratios. Page 10 of 18 July 13, 2004 A best available science review of Renton's wetland regulations found that the City's wetland regulations are supported by current best available science for wetlands in Washington State. Several amendments are proposed to improve or better document the City's decision-making process, including: • Exemptions for small Category 2 and 3 wetlands should be modified -those that provide functions should not be exempt. • Exemptions for ongoing agriculture, vegetation management, storm water management facilities in buffers, and trails and open space facilities in buffers should be amended to ensure deminimus impacts. • A measure to enhance the City's classification system could be to reference or translate the State Department of Ecology's rating system to the City's (meaning identify how the State's four-way system translates to the City's three-way class system). However, at present, the City's wetland class system was found to be sound. • Wetland classification criteria relying on the County's 1991 inventory should be deleted. Vague terms in the classification system should be amended (e.g. plant associations of infrequent occurrence and headwaters). • Wetland assessments should be required for proposals within 300 feet of a wetland rather than 100 feet. This is because in some cases the City may wish to expand wetland buffers beyond standard requirements. • The City's standard buffers were found to meet best available science. It was recommended buffer size determinations (particularly buffer reductions, buffer averaging, modifications, variances and similar) should document how best available science is met. A particular reference/method is suggested: The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McMillan 2000. • Since the City's buffer averaging criteria include science based provisions (e.g. variation in wetland sensitivity), it was recommended that reasonable use be removed as a criterion for buffer averaging. • Review criteria to expand buffers should be amended to remove vague terms. • Definitions of restoration, creation, and enhancement as well as protection/maintenance should be revised to be consistent with State and Federal agencies. • Enhancement criteria should be amended to allow some desirable changes in functions. • Off-site mitigation may be more desirable than on-site mitigation, and some criteria are proposed for amendment. Critical Area Review Procedures Page 11 of 18 July 13, 2004 Either in the City's Critical Areas Ordinance (RMC 4-3-050) or in administrative sections such as 4-1, 4-8, and 4-9, Renton's regulations provide comprehensive critical areas procedures, such as defining regulation purposes, applicab ility and exemptions, submittal requirements, general performance standards, review criteria, variances and exceptions, and enforcement. The City's procedures provide for structured review of development applications and determination of appropriate conditions. To meet Washington Administrative Code (WAC) rules that direct the City to consider best available science where variations to regulations are proposed, to address common performance standards in addition to buffers, and to clarify the application of regulations, some amendments are proposed: • The City should include best available science review criteria for administrative buffer reductions, administrative modifications, and administrative and Hearing Examiner variances. • Submittal requirements for projects that could impact critical areas and propose mitigation plans, or those that propose buffer reductions, should demonstrate that best available science was used in determining the reduced standard and/or in developing mitigation plans. • The City regulations do not specifically require a building setback in addition to a buffer requirement, although the critical area regulations do provide staff latitude to apply conditions, and SEPA provides another review and mitigation process. There may be instances where the City would want the authority to require a building setback to ensure long-term maintenance of development without eroding a buffer's protectiveness. A general standard allowing the City to condition a proposal to apply a building setback is included. It would be discretionary. • It is recommended that the City clarify that applicants are responsible for other permits outside of the Critical Area Regulations. Other As part of incorporating stream and buffer protection requirements and other critical area amendments, consistency amendments are needed to the City's Tree Cutting and Land Clearing Regulations, permit submittal requirements, State Environmental Policy Act review, Nonconforming Uses, Variance procedures, and Definitions. Page 12 of 18 July 13, 2004 EXAMPLE SITES -STREAM/LAKE AND SHORELINE REGULATIONS As we have prepared the draft stream/lake and shoreline regulations, the proposed water body buffers were discussed in context with several development examples. The purpose was to review the net effect of the proposed regulations and to keep in mind the principles ofGMA and SMA, which include managing growth while responding to sensitive environmental conditions, recognizing use preferences along shorelines, and respecting private property rights. The results of the example project review are shown in the Table below. Attached also are aerial photos of the various locations. EXAMPLE SITES POTENTIAL WATER CLASS AND MANAGEMENT ZONE BOUNDARIES SITE WATER BODY CLASS EFFECT OF PROPOSED Using Proposed System REGULA nONS 55 Williams -Multifamily 1 (Cedar River-Shoreline of the State) · The standard buffer width of 100 feet would eliminate much of the building at its present height and configuration. .. : · Reduced buffer standards are possible and would ultimately be equal to the zone setbacks because other property (City trail) intervenes between development and Cedar River. • If the development were proposed under the proposed regulations, no- net-loss of shoreline ecological function would need to be demonstrated. For other future cases along the Cedar where lots abut the Cedar, the potential reduced setback would be 50 feet. Bristol @ Southport 1 (Lake Washington-Shoreline of the · The standard buffer width of 100 State/Statewide Significance) feet would eliminate some of the building at its present height and configuration. · If the built development were proposed under the proposed regulations, no-net-Ioss of shoreline ecological function would need to be demonstrated to allow for reduced buffers/setbacks. Reduced buffer standards are SITE WATER BODY CLASS Using Proposed System Lake Washington Trail and Habitat 1 Enhancement Project (Cedar River-Shoreline of the State) · · · Page 13 of 18 July 13, 2004 EFFECT OF PROPOSED REGULA nONS possible to 50 feet for water enjoyment uses such as the current development. Except for a corner of one mixed-use building (at the northeast corner near Gene Coulon Park), which is setback at 35 feet, the 50-foot setback would match the majority setback of other portions of development. Existing developed areas can retain impervious surfaces. Averaged buffers/setbacks are possible. The standard buffer would not allow the trail (100 foot buffer). If the development were proposed under the proposed regulations, no- net-loss of shoreline ecological function would need to be demonstrated. Reduced buffer standards as low as 0 would allow for the trail connections to water in regulations; existing developed areas can retain impervious surfaces. Over-water trails are allowed per standards alrea<!y' existi~ in SMP. SITE WATER BODY CLASS Using Proposed System Honey Creek Estates II (PIN 344900-2 0160 (January 23,d Stream Class List as a · Class 2 stream that is fish-bearing; WRIA 0285) · · · · 13221 SE 128m Street: Vicinity of 4 NE 4th/ Union. Commercial Short (Applicant report characterizes as · Plat Near Post Office: intermittent without direct fish habitat; appears to be upstream segment of Maplewood Creek. WRIA 0302) · • Page 14 of 18 July 13, 2004 EFFECT OF PROPOSED REGULATIONS Most of required 100' buffer falls in steep slope area of 30-39% where development is unlikely. Lot 16 would be particularly impacted and may not have enough developable area if it were proposed under the regulations. It may be possible that clustering on R-8 zoned portions of the property could result in an added lot to replace another that would be "lost" due to the regulations. A future policy discussion ofR-8 lot width standards as a result of clustering may be appropriate. Additional impervious surface would not be able to be added in the buffer area. If the development were proposed under the proposed regulations, no- net-loss of shoreline ecological function would need to be demonstrated in order to reduce or average buffer widths. The 35-foot buffer largely falls within the abutting wetland area, meaning no impact to site plan developable area. Where there is no abutting wetland, and only stream, the stream buffer would be 10 feet wider than current 25-foot standard. Based on the stream's location, there is little effect on the developable area on the site plan. If the development were proposed under the proposed regulations, no- net-loss of shoreline ecological function would need to be demonstrated. 55 Williams -Multifamily Page 15 of 18 July 13, 2004 Bristol @ Southport Portion of Lake W Trail and Habitat Enhancement Pro· Page 16 of 18 July 13, 2004 Page 17 of 18 July 13, 2004 Honey Creek Estates n (PIN 344900-0160; also includes un highlighted boundary of PIN 1023059099 to 13221 SE 128th Street: ") Page 18 of 18 July 13,2004 ofNE 4th, Union. Commercial Short Plat Near Post Office 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CRITICAL AREAS ORDINANCE AMENDMENTS SHORELINE MASTER PROGRAM REGULATIONS AMENDMENTS [~~![Jilt;:J!\i: Spell check functions have not been available to this file perhaps due to copy material from the web. We apologize for any misspellings.] RMC SECTION 4-3-050 CRITICAL AREAS REGULATIONS: ................................................................................. 3 A. PURPOSE: ......................................................................................................................... 3 B. APPLICABILITY -CRITICAL AREAS DESIGNATIONS/MAPPING: ........................................ 5 C. APPLICABILITY -EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: ............. 12 D. ADMINISTRATION AND INTERPRETATION: ..................................................................... 32 E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED ALTERATIONS: ..................... 37 F. SUBMITTAL REQUIREMENTS AND FEES: ........................................................................ 39 G. SURETY DEVICES: ...................................................... · .................................................. 41 H. AQUIFER PROTECTION: .................................................................................................. 43 I. FLOOD HAZARDS: ............................................................................................................. 51 J. GEOLOGIC HAZARDS: ...................................................................................................... 56 K. HABITAT CONSERVATION: .............................................................................................. 63 L. STREAMS AND LAKES: ................................................................................................... 64 M. WETLANDS: ..................................................................................................................... 75 N. ALTERNATES, MODIFICATIONS AND VARIANCES: ......................................................... 92 O. APPEALS: ........................................................................................................................ 94 P. ASSESSMENT RELIEF -WETLANDS: .............................................................................. 94 Q. MAPS: .............................................................................................................................. 94 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: ......... , ............................................ 98 A. PROGRAM ADOPTED: ..................................................................................................... 98 B. COMPONENTS OF PROGRAM: ........................................................................................ 98 C. AMENDMENTS TO SHORELINE MASTER PROGRAM: ..................................................... 99 D. PURPOSES AND PRIORITIES: ......................................................................................... 99 E. REGULATED WATER BODIES: ....................................................................................... 100 F. THREE (3) ENVIRONMENTS DESIGNATED BY CITY: ..................................................... 101 G. NATURAL ENVIRONMENT: ............................................................................................ 104 H. CONSERVANCY ENVIRONMENT: .................................................................................. 105 I. URBAN ENVIRONMENT: .................................................................................................. 107 J. GENERAL USE REGULATIONS FOR ALL SHORELINE USES: ......................................... 108 K. SPECIFIC USE REGULATIONS: ...................................................................................... 119 L. VARIANCES AND .CONDITIONAL USES: ......................................................................... 135 M. VIOLATIONS AND PENALTIES: ...................................................................................... 135 N. APPEALS: ...................................................................................................................... 135 44-130 TREE CUTTING AND LAND CLEARING REGULATIONS: ............................................ 136 4-8-120 SUBMITTAL REQUIREMENTS -SPECIFIC TO APPLICATION TYPE: ......................... 144 4-9-070 ENVIRONMENTAL REVIEW PROCE DURES: .............................................................. 164 4-9-190 SHORELINE PERMITS: .............................................................................................. 166 4-9-250 VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES: ................................ 178 CHAPTER 10 LEGAL NONCONFORMING STRUCTURES, USES AND LOTS .............................. 189 CHAPTER 11 DEFINITIONS ....................................................................................................... 194 Draft Best Available Science Regulation Amendments, July 13, 2004 1 / 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 effects of a proposal, an applicant may request that this report be waived by the Department Administrator in accordance with subsection D4b of this Section. The City m~y require independent re"iew of an applic~nt's report by qualified specialists selected by the City, at the r,·:n~"·~,'?(';v:1;.'i}"'~"'.1<·~" ~ppliGant's expense. [Gf(jit6'rwsJir~I():{e: Combined with other independent re\iew conditions in subsection F above. Clarify that review is required if abutting/adjacent based on DCTED Example Code.J 3. Bald Eagle Habitat: Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292). [E¥ffif~r,¥~;~m: Based on a review of the DCTED Example Code.] 34. Native Growth Protection Areas: Based on the required habitat assessment, the Reviewing Official may require critical habitat areas and their associated buffers be placed in a native growth protection area subject to the requirements of subsection G-E.4 of this Section, or dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the City. 4~. Alterations Require Mitigation: If alterations to critical habitat/wildlife habitat or buffers are proposed, mitigation shall be required by the City. The applicant shall evaluate alternative methods of developing the property using the following criteria in this order: a. Avoid any disturbances to the habitat. b. Minimize any impacts to the habitat. c. Compensate for any. habitat impacts. 5~. Mitigation Options: In addition to any performance standards or mitigation required by wetland regulations, additional mitigation may be determined by the Reviewing Official based upon the consultant report submitted by the applicant, and/or peer review of the applicant's consultant report by a qualified professional selected by the City at the applicant's expense, and/or by information from State or Federal agencies. a. On-Site Mitigation: Mitigation shall be provided on-site, unless on-site mitigation is not scientifically feasible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. . b. Off-Site Mitigation: When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant, and identified as such through a recorded document such as an easement or covenant, provided such mitigation is beneficial to the habitat area and associated resources. c. In-Kind Mitigation: In-kind mitigation shall be provided except when the applicant demonstrates and the City concurs that greater functional and habitat value can be achieved through out-of-kind mitigation. 7. Mitigation Plan: Mitigation plans may be required consistent with F8. L. SHORELINES, STREAMS AND LAKES: (Reserved) Pending issuance of "4d" Rule by the National Marine Fisheries Service and subsequent Tri County Regulatory Response Draft Best Available Science Regulation Amendments, July 13, 2004 64 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 1. Applicability/Lands to Which These Regulations Apply: These stream and lake regulations apply to sites containing all or portions of Class 2 to 4 streams or lakes and/or their buffers as described below. This section does not apply to Class 1 waters which are regulated by RMc 4-3-090, Shoreline Master Program Regulations, or to Class 5 waters which are exempt. All other critical area regulations, including, but not limited to flood hazard regulations and wetland regulations, do apply to classified streams where applicable. a. Classification System: The following classification system is hereby adopted for the purposes of regulating streams and lakes in the City. Stream and lake buffer widths are based on the following rating system: i. Class 1: Class 1 waters are perennial salmonid-bearing waters which are: classified by the City and State as Shorelines of the State. [~~l Class 1 will be based on status as a Shoreline of the State only; if not mapped or not a Shoreline of the State the stream would be Class 2. Note that the Class 1 waters also coincide with the known mapped Chinook distribution.] ii. Class 2: Class 2 waters are perennial or intermittent salmonid-bearing waters· which meet one or more of the following criteria: (a) Mapped on Figure O.~, Renton Water Class Map. as Class 2; and/or (b) Historically and/or currently known to support salmonids. including resident trout, at any stage in the species lifecycle; and/or (c) is a water body (e.g. pond, lake) between 0.5 acre and 20 acres in size. [1Wiiitm'*li~ The Stream regulations would protect salmonid habitat, but the standards are not designed to address other aquatic species. Other fish/aquatic species that are listed would be addressed through Habitat Conservation regulations.] iii. Class 3: Class 3 waters are non-salmonid-bearing perennial waters during years of normal rainfall, and/or mapped on Figure O. It Renton Water Class Map, as Class 3. iv. Class 4: Class 4 waters are non-salmonid-bearing intermittent waters during years of normal rainfall. and/or mapped on Figure 0.1, Renton Water Class Map, as Class 4. v. Class 5: Class 5 waters are non-regulated non-salmonid-bearing waters which meet one or more of the following criteria: (a) flow within an artifically constructed channel where no naturally-defined' channel had previously existed; and/or (b) Are a surficially isolated water body less than 0.5 acre (e.g. pond) not meeting the criteria for a wetland as defined in Section M. b. Measurement: i. Stream/Lake Boundary: The boundary of a stream or lake shall be considered to be its Ordinary High Water Mark (OHWM). The OHWM shall be flagged in the field by Draft Best Available Science Regulation Amendments, July 13, 2004 65 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 ·2087 "2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 the OHWM. The riparian areas, where they exist, would be a part of the buffer. The City's flood hazard regulations and wetland regulations would apply in addition to the water body regulations where applicable.] ii. Buffer: The boundary of a buffer shall extend beyond the boundaries of the stream or lake to the width applicable to the streamllake class as noted in Subsection L. 5 below, Stream/Lake Buffer Width Requirements. c. Maps and Inventory: i. Mapped Streams and Lakes: The approximate location and extent of Class 2 to 4 water bodies within the City limits are indicated on a map in Subsection Q of this Section, Maps. The map is to be used as a guide to the general location and extent of streams. Specific locations and extents will be determined by the City based upon field review and applicant-funded studies prepared pursuant to Subsection L.3. ii. Reclassification: Where there is a conflict between the Renton Water Class Map in Subsection Q and the criteria in Subsection L.1.a, the criteria in Subsection L.1.a shall qovern. The re-classification of a water body to a lower class (i.e. 2 to 3, or 3 to 4, etc.) requires Administrator acceptance of a Supplemental Stream or Lake Study, followed by a legislative amendment to the map in Subsection Q prior to its effect. iii. Unmapped Streams and Lakes: Streams and lakes which are defined in Subsection L.1.a of this Section. Classification System, but not shown on the Renton Water Class Map in Subsection Q, are presumed to exist in the City and are regulated by all the provisions of this Section. IF the water body is unmapped according to the City of Renton's Water Class Map (refer to Subsection Q), and: (a) the width of the stream channel averages less than two-feet at the Ordinary High Water Mark, or (b) the stream channel has an average gradient of greater than 20 percent. or (cl the channel or water body is upstream of an existing, enduring, and complete barrier to salmonid migration, as interpreted in Subsection L.1.c.iv below, or as shown on the City of Renton's Salmonid Migration Barrier Map, and the channel or water body contains water only intermittently upstream of the barrier during years of normal rainfall. or (d) the water body is isolated from any connected stream and/or wetland. or (e) the water body is less than 0.5 acre in size and connected to a stream meeting the criteria noted in Subsections L.1.c.iii.(al through (c) above; THEN the water body is considered Non-Salmonid-Bearing and water class would be assessed based upon the Non-Salmonid-Bearing Waters criteria in Subsections L.1.a.iii. through v. above. HOWEVER, If none of the conditions above apply, then the water body is considered Salmonid--Bearing -Class 2. Classification of an unmapped stream or lake is effective upon expiration of the 14-day appeal period following the Administrator's determination, and the map in Subsection Q shall be amended consistent with Administrator determinations at the next appropriate amendment cycle. Draft Best Available Science Regulation Amendments, July 13, 2004 66 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 ·2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 iv. Salmonid Migration Barriers: For purposes of classifying or reclassifying water bodies, features determined by the Administrator to be salmonid migration barriers per definition in RMC 411-190 shall be mapped. The Administrator shall prepare and update the map as appropriate and maintain a copy in the Planning/Building/Public Works Customer Service Area. [ffi:m~i§\~'tft~: The description of the barriers in RMC 4-11-190 to salmonid migration is intended to avoid interpretations that temporary features should result in a lower stream class, or that partial barriers should lead to a lower stream class, or the situation where someone is adding a barrier; the current mapping of barriers by a prior City consultant may not have included temporary or partial barriers; but the language here may help guide future mapping updates.] v. Experts or State Agency May Be Required or Consulted: The City may require an applicant to retain an expert or to consult the Washington Department of Fish & Wildlife to assess salmonid-bearing status of the channel in question and prepare a report to the City detailing the facts and conclusion of their analysis. vi. Criteria to Govern: The actual presence or absence of the stream and lake criteria listed in this Section L. as determined by qualified professionals, shall govern the treatment of an· individual building site or parcel of land requiring compliance with these regulations. 2. Applicability -Activities to Which This Section Applies: This Section applies to all non-exempt activities on sites containing Class 2 to 4 streams or lakes and their associated buffers. 3. Studies Required: a. When Standard Stream or Lake Study Is Required: The applicant shall be required to conduct a Standard Stream or Lake Study per RMC 4-8-120 if a site contains a water body or buffer area or the project area is within one hundred feet (100') of a water body even if the water body is not located on the subject property. b. When Supplemental Stream or Lake Study is Required: The applicant shall be required to conduct a Supplemental Stream or Lake Study per RMC 4-8-120 if a site contains a water body or buffer area and changes to buffer requirements or alterations of the water body or its associated buffer are proposed, either administratively or via a variance request c. When Stream or Lake Mitigation Plan is Required: The applicant shall be required to conduct a Stream or Lake Mitigation Plan per RMC 4-8-120 if impacts are identified within a Supplemental Stream or Lake Study. The approval of the Stream or Lake Mitigation Plan by the Administrator shall be based on the criteria located in Subsection L3.c.ii below. i. Timing of Mitigation Plan -Final Submittal and Commencement: When a Stream or Lake Mitigation Plan is required, the applicant shall submit a final mitigation plan for the approval of the Administrator prior to the issuance of building or construction permits whichever comes first. The applicant shall receive written approval of the final mitigation plan prior to commencement of any mitigation activity. ii. Criteria for Approval of Stream or Lake Mitigation Plan for Alterations of Streams and Lakes or Associated Buffers: In order to approve a Stream or Lake Mitigation Plan the Administrator shall find that the Plan demonstrates compliance with the following criteria: [~~m~ Based upon DCTED Example Code.] Draft Best Available Science Regulation Amendments, July 13,2004 67 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 '2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 (a) Mitigation Location: Mitigation location shall follow the preferences in (i) to (iv) below: (i) On-site mitigation: On-site mitigation is required unless the Reviewing Official finds that on-site mitigation is not feasible or desirable; (in Off-site mitigation within same drainage subbasin as subject site: Off- site mitigation may be allowed when located within the same drainage subbasin as the subject site and if it achieves equal or improved ecological functions over mitigation on the subject site; (iii) Off-site mitigation within same drainage basin within City limits: Off- site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved ecological functions within the City over mitigation within the same drainage subbasin as the project; (iv) Off-site mitigation within the same drainage basin outside the City limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or improved ecological functions over mitigation within the same drainage basin within the Renton City limits and it meets City goals. (b) Contiguous corridors: Mitigation sites shall be located to preserve or achieve contiguous riparian or wildlife corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed; and (c) Non-indigenous species: Wildlife, or fish species not indigenous to the region shall not be introduced into a riparian mitigation area unless authorized by a State or Federal permit or approval. Plantings shall be consistent with Section 4-3-050.L.6.c.; and (d) Equivalent or greater biological functions: The Administrator shall utilize the report "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations" by AC Kindig & Company and Cedarock Consultants, dated X. 2003, unless superceded with a City-adopted study, to determine the existing or potential ecological function of the stream or lak e or riparian habitat that is being affected. Mitigation shall address each function affected by the alteration. Mitigation to compensate alterations to streamllake areas and associated buffers shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. No-net-Ioss of riparian habitat or water body function shall be demonstrated; and (e) Minimum Mitigation Plan Performance Standards: See Subsection 4-3-050.F.8. (f) Additional Conditions of Approval: The Administrator shall condition approvals of activities allowed within or abutting a streamllake or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following: (i) Preservation of critically important vegetation and/or habitat features such as snags and downed wood; (ii) Limitation of access to the habitat area, including fencing to deter unauthorized access; Draft Best Available Science Regulation Amendments, July 13, 2004 68 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 (iii) Seasonal restriction of construction activities; and (iv) Establishment of a duration and timetable for periodic review of mitigation activities. (9) Based on Best Available Science: The applicant shall demonstrate that the mitigation is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information. the steps in RMC 4-9-250F are followed. iii. Performance Surety: The Administrator shall require a performance rurety to ensure completion and success of proposed mitigation. per RMC 4-3-050.G and 4-1-230. iv. Alternative Mitigation: The mitigation requirements set forth in this Subsection L.3 may be modified at the Administrator's discretion if the applicant demonstrates that improved habitat functions. on a per function basis. can be obtained in the affected sub-drainage basin as a result of alternative mitigation measures. d. Studies Waived: i. Standard Stream or Lake Study: May only be waived by the Administrator when the applicant provides satisfactory evidence that: (a) A road, building or other barrier exists between the water body and the proposed activity, or (b) The water body or required buffer area does not intrude on the applicant's lot. and based on evidence submitted. the proposal will not result in Significant adverse impacts to nearby water bodies regulated under this Section; or (cl Applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. ii. Supplemental Stream or Lake Study: May only be waived by the Administrator when: (a) No alterations or changes to the stream or lake, or its standard buffer are proposed; or (b) Applicable data and analysis appropriate to the project proposed exists and an additional report is not necessary. iii. Stream or Lake Mitigation Plan: May only be waived when no impacts have been identified through a Supplemental Stream or Lake Study. e. Period of Validity for Studies Associated with This Section: Studies submitted and reviewed are valid for five (5) years from date of Study completion unless the Administrator determines that conditions have changed significantly. 4. General Standards for Class 2 to 4 Waters: a. Disturbance Prohibited: Streams and lakes and their buffer areas shall be undisturbed, except where the buffer is to be enhanced, or where exemptions allowed in Subsection 4-3-050.C are conducted, or where allowed to be altered in accordance with Subsections L5, L 7 and LB. Where water body or buffer disturbance has occurred in accordance with exemption or Draft Best Available Science Regulation Amendments, July 13, 2004 69 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 .2296 2297 2298 2299 2300 2301 ~2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 development permit approval during construction or other activities, revegetation with native vegetation shall be required. [~~~~~~'([e: Similar language copied to exemption criteria.] h. No Net loss: There shall be no net loss of riparian area or shoreline ecological function resulting from any activity or land use occurring within the regulated buffer area. 5. Stream/lake Buffer Width Requirements: a. Minimum Stream/lake Buffer Widths: The minimum width of the required buffers shall be based upon the water body class. [~(fimIl~mm~: Increased and Reduced Buffer Widths dealt with in separate subsections.) i. Class 2: 100 feet ii. Class 3: 75 feet iii. Class 4: 35 feet h. Increased Buffer Width: i. Areas of High Blow-down Potential: Where the streamllake buffer is in an area of high blow-down potential as identified by a qualified professional. the buffer width may be expanded an additional fifty (50) feet on the windward side by the Responsible Official. Notifications may be required per section F8. ii. Buffers Falling Within Protected Slope or Very High landslide Area: When the required streamllake buffer falls within a protected slope or very high landslide hazard area or buffer. the stream/lake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. Notifications may be required per section F8. c. Reduction of Buffer Width: i. Authority: Based upon an applicant's request. and the acceptance of a Supplemental Stream or Lake Study. the Administrator may approve a reduction in the minimum buffer widths where the applicant can demonstrate compliance with Subsections iv(a), (cl. (d), (e) and (f) below and any mitigation requirements as a result of L.3.c.ii above: or compliance with Subsections iv(b), ec), (d), (e), and (f) below and any mitigation requirements as a result of L.3.c.ii. above. ii. Minimum Buffer Width Permissible by Administrator: An enhanced buffer shall not be less than the widths specified below for reduced buffers. fa) Class 2: 75 feet {bl Class 3: 50 feet eel Class 4: 25 feet Greater buffer width reductions than listed in subsections (a) through (c) above require review as a variance per Subsection N3 of this Section and RMC 4-9-250B. iii. Procedure: Such determination and evidence shall be included in the application file. Public notification shall be given as follows: Draft Best Available Science Regulation Amendments, July 13, 2004 70 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 ';2354 '2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 2371 2372 2373 2374 2375 2376 2377 2378 2379 2380 2381 (a) For applications that are not subject to notices of application per RMC 4-8. notice of the buffer determination shall be given by posting the site and notifying parties of record. if any. in accordance with RMC 4-8. (b) For applications that are subject to notices of application, the buffer determination or request for determination shall be included with notice of application. Upon determination, notification of parties of record, if any, shall be made. iv. Criteria for Approval of Reduced Buffer Width: Criteria (a) and (c) through (fl, or criteria (b) through (fl shall be met: (a) The buffer area land is extensively vegetated and has less than fifteen percent (15%) slopes; the width reduction will not reduce stream or lake functions, including those of anadromous fish or nonfish habitat; the width reduction will not degrade riparian habitat; and no direct or indirect. short-term or long-term, adverse impacts to regulated water bodies, as determined by the City, will result from a regulated activity. The City's determination shall be based on specific site stUdies by recognized experts, pursuant to Subsection F3 and RMC 4-8-120; or (b) The proposal includes daylighting of a stream, or removal of legally installed, as determined by the Administrator, salmonid passage barriers; and (c) The project includes a buffer enhancement plan using native vegetation and substantiates that the enhanced area will be equal to or improve the functional attributes of the buffer; and (d) The proposal will result in, at minimum, no-net loss of streamllake/riparian ecological function; and (e) The proposal does not result in increased flood hazard risk; and (fl The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. d. Averaging of Buffer Width: i. Authority: Based upon an applicant's request. and the acceptance of a Supplemental Stream or Lake Study, the Administrator may approve buffer width averaging. ii. Minimum Averaged Buffer Widths: In no instance shall the buffer width be less than: (al Class 2: 50 feet (bl Class 3: 37.5 feet tel Class 4: 25 feet Greater buffer width reductions than listed in subsections (a) through (c) above require review as a variance per Subsection N3 of this Section and RMC 4-9-250B. iii. Criteria for Approval: Buffer width averaging may be allowed by the Administrator only where the applicant demonstrates all of the following: Draft Best Available Science Regulation Amendments, July 13,2004 71 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 2402 2403 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 2433 2434 2435 2436 (a) The water body and associated riparian area contains variations in ecological sensitivity or there are existing physical improvements in or near the water body and associated riparian area' and (b) Buffer width averaging will result in no-net loss of streamllake/riparian ecological function; and (c) The total area contained within the buffer after averaging is no less than that contained within the required standard buffer width prior to averaging; and (d) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information. the steps in RMC 4-9-250F are followed. iv. Buffer Enhancement May be Required: Where the buffer width is reduced by averaging per this Subsection. buffer enhancement shall be required where appropriate to site conditions. habitat sensitivity. and proposed land development characteristics. v. Notification: Notification may be required consistent with F8. 6. Stream or lake Buffer Use Restrictions and Maintenance: Any activity or proposal subject to RMC 4-3-050.L shall comply with the following standards within reguired buffer areas: a. Preservation of Native Vegetation: Existing native vegetation shall be preserved to the extent possible. preferably in consolidated areas. b. Revegetation Required: Where water body buffer disturbance has occurred in accordance with exemption or development permit approval or other activities. revegetation with native vegetation shall be required. c. Use of Native Species: When revegetation is required. native species. or other appropriate species naturalized to the Puget Sound region and approved by the Reviewing Official. shall be used. A variety of species shall be used which serve as food or shelter from climatic extremes and predators. and as structure and cover for reproduction and rearing of young. d. Removal of Noxious Species: When required as a condition of approval. noxious or undesirable species of plants shall be removed or controlled so as to not compete with native vegetation. e. Impervious Surface Restrictions: Where impervious surfaces exist in buffer areas. such impervious surfaces shall not be increased or expanded within the buffer area. The extent of impervious surfaces within the buffer area may only be re-arranged if the reconfiguration of impervious surfaces is part of an enhancement proposal that improves ecological function of the buffer area. [~i3~: States what City is trying to achieve when impervious surfaces are .... _,·>~::;:=, .... ;::h ..... ,.... "' ..... re-arranged.) 7. Criteria for Permit Approval-Class 2 to 4: Permit approval by the Reviewing Official for projects involving regulated water bodies shall be granted only if the approval is consistent with the provisions of this Section L. and complies with the following: a. Creation of Native Growth Protection Areas Required: As a condition of any approval for any development permit issued pursuant to this Section. the property owner shall be required to create a native growth protection area containing the stream/lake area end associated buffers based upon field investigations performed pursuant to Subsection EA. and Draft Best Available Science Regulation Amendments, July 13,2004 72 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 2460 2461 2462 2463 2464 '2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 2487 2488 2489 2490 b. At least one of the following conditions must apply: i. A proposed action meets the standard provisions of this Section and results in no net loss of reg ulated riparian area or shoreline ecological function in the drainage basin where the site is located, or ii. A proposed action meets alternative administrative standards pursuant to this Section and the proposed activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located; or . iii. A variance process is successfully completed and the proposed activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located. 8. Alterations Within Streams and Lakes or Associated Buffers a. Transportation Crossings: i. Criteria for Administrative Approval of Transportation Crossings in Stream/Lake or Buffer Areas: Construction of vehicular or non-vehicular transportation crossings may be permitted in accordance with an approved supplemental streamllake study subject to the following criteria: (a) There is no other feasible alternative route with less impact on the environment; and (b) The crossing minimizes interruption of downstream movement of wood and gravel; and (c) Transportation facilities in buffer areas shall not run parallel to the water body; and (d) Crossings occur as near to perpendicular with the water body as possible; and (e) Bridges are designed according to the Washington Department of Fish and Wildlife Fish Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guide/ines for Sa/monid Passage at Stream Crossings. 2000. as may be updated, or equivalent manuals as determined by the Responsible Official; and (f) Seasonal work windows are determined and made a condition of approval; and (g) Mitigation criteria of RMC 4-3-050.L.3.c.ii. are met. [~~ Based in part upon the State Example Code.] b. Alterations of Streams and Lakes or Associated Buffers --Utilities: i. Criteria for Administrative Approval of Utilities in Stream/Lake or Buffer: New utility lines and facilities may be permitted to cross wate-bodies in accordance with an approved supplemental streamlfake study, if they comply with the following criteria: (a) Fish and wildlife habitat areas shall be avoided to the maximum extent possible: and (b) The utility is designed consistent with one or more of the following methods: Draft Best Available Science Regulation Amendments, July 13, 2004 73 2491 2492 2493 2494 2495 2496 2497 2498 2499 2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517 '2518 2519 2520 2521 2522 2523 2524 2525 2526 2527 2528 2529 2530 2531 2532 2533 2534 2535 2536 2537 2538 2539 2540 2541 2542 2543 2544 (j) Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone: or (ii) The utilities shall cross at an angle greater than sixty (60) degrees to the centerline of the channel in streams or perpendicular to the channel centerline: or (iii) Crossings shall be contained within the footprint of an existing road or utility crossing: and (c) New utility routes shall avoid paralleling the stream or following a down-valley course near the channel: and (d) The utility installation shall not increase or decrease the natural rate of shore migration or channel migration: and (e) Seasonal work windOWS are determined and made a condition of approval: and (0 Mitigation criteria of RMC 4-3-050.L.3.c.ii. are met. [~ilIit0?u~£l5J~ Based in part upon the State Example Code.] c. Alterations of Streams and Lakes or Associated Buffers -In-Water Structures and In- Water Work: i. Administrative Approval of In-Water Structures or In-Water Work: In accordance with an approved supplemental stream or lake study. in-water structures or work may be permitted, subject to the following: In-stream structures, such as, but not limited to, high flow bypasses, sediment ponds, in-stream ponds, retention and detention facilities, tide gates, dams, and weirs. shall be allowed as part of an approved watershed basin restoration project approved by the City of Renton, and in accordance with mitigation criteria of RMC 43- 050,L.3.c.ii. The applicant will obtain' and comply with State or Federal permits and requirements~ [miit§"f~~ISl'i6m: Based in part on the State Example Code.] d. Alterations of Streams and Lakes or Associated Buffers --Dredging. i. Administrative Approval of Dredging: Dredging may be permitted only when: (a) Dredging is necessary for flood hazard reduction purposes, if a definite flood hazard would exist unless dredging were permitted: or (b) Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life: or (c) Dredging is associated with a stream habitat enhancement or creation project not otherwise exempt in 4-3-050.C: or (d) Dredging is necessary to protect public facilities: or (e) Dredging is required as a maintenance and operation condition of a federally funded flood hazard reduction project or a hazard mitigation project; and (0 Applicable mitigation criteria of RMC 4-3-050.L.3.c.ii. are met. [~~: Based in part upon the Renton SMP.] Draft Best Available Science Regulation Amendments, July 13, 2004 74 2545 2546 2547 2548 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571 '2572 2573 2574 2575 2576 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 e. Alterations of Streams and Lakes or Associated Buffers --Stream Relocation: i. Administrative Approval of Stream Relocation: Stream relocation may be allowed when analyzed in an accepted supplemental stream or lake assessment. and when the following criteria and conditions are met: (a) Criteria -Stream relocation may only be permitted if associated with: (i) A public flood hazard reduction/habitat enhancement project approved by appropriate State and/or Federal agencies; or Oi) Expansion of public road or other public facility improvements where no feasible alternative exists; or (iii) A public or private proposal restoring a water body to its original location and resulting in a net benefit to on-or off-site habitat and species. (b) Additional Conditions: The following conditions also apply to any stream relocation proposal meeting one or more of the above criteria: (i) Buffer widths shall be based upon the new stream location, provided that the buffer widths may be reduced or averaged if meeting criteria of L.5 c or d, or other equivalent on-or off-site compensation to achieve no-net-Ioss of riparian function is provided; and (ii) Applicable mitigation criteria of RMC 4-3-050.L.3.c.ii. must be met; and (iii) Proper notifications and records must be made of stream relocations, per RMC 4- 3-050.D.3.b, Information to be Obtained and Maintained, and RMC 4-3-050.D.3.c, Alterations of Watercourses, in cases where the streamllake is subject to flood hazard regulations of RMC 4-3-050, as well as RMC 4-3-050.FB if neighboring properties are impacted. rtwfif&~~ Based in part upon the Renton SMP .J f. Alterations -Single Family Home -Existing Legal Lot: If criteria to reduce or average a buffer cannot be met. construction, reconstruction, additions, and associated accessory structures of a single family home on an existing legal lot may be allowed to intrude into a buffer pursuant to a variance as stated in RMC 4-9-250B1, g. Alterations -Other: Proposed alterations of a stream or lake or associated buffer not addressed by Subsections L.B.a to L.B.f require a variance pursuant to RMC 4-9-250B in order to be conducted. h. When Variance Is Required: If the proposed alteration applicable to Subsections L.B.a to L.B.g does not meet the above criteria, it shall require a variance per Subsection N3 of this Section and RMC 4-9-250B in order to be conducted. M, WETLANDS: 1. Applicability: The wetland regulations apply to sites containing or abutting wetlands as described below. Category 2 wetlands, less than two thousand two hundred (2,200) square feet in area, and Category 3 wetlands, less than five thousand (5,000) square feet in area, Draft Best Available Science Regulation Amendments, July 13, 2004 75 3401 3402 3403 3404 3405 3406 3407 3408 3409 3410 3411 3412 3413 3414 3415 3416 3417 3418 3419 3420 3421 3422 3423 3424 3425 3426 .3427 3428 "3429 3430 3431 3432 3433 3434 3435 3436 3437 3438 3439 3440 3441 3442 3443 3444 3445 3446 3447 3448 3449 3450 3451 3452 3453 4-3-090 SHORELINE MASTER PROGRAM REGULATIONS: A. PROGRAM ADOPTED: The Shoreline Master Program, as issued and prepared by City of Renton includes policies and regulations pursuant to the Washington State Shoreline Management Act, RCW 90.58. Planning Commission, of which one printed copy in 900k form has heretofore geen filed and is now on file in the office of the City Clerk and mage available for examination by the general puglic, is hereby adopted as the Shoreline Master Program by the City of Renton. (Ord. 3756, 12 5 H)63, Rev. 722 1 965 (Min.), 3 12 1990 (Res. 2767), 716 1990 (Res. 2605), Re". 9 12 1993 (Min.), Ord. 4716, 4 13 1998) The following is an excerptThis section RMC 43-090 provides shoreline regulations from the officially adopted Shoreline Master Program. The complete Shoreline Master Program, inclyding poliCies, shoyld also ge consylted. (Ord. 4722, 5-11-1998) B. AUTHENTICATION, RECORDCOMPONENTS OF PROGRAM: The City Clerk is here9Y aythorized and directed to dyly aythenticate and record a copy of the a90ve mentioned Shoreline Master Program together with any amendments or additions thereto, together with an aythenticated copy of this Section. The components of the Renton Shoreline Master Program, and their location in the City's plans and regulations. are as follows: 1. Goals, Objectives. Policies: a, Comprehensive Plan Land Use Element Subsection -Shorelines of the State: Land Use. Recreation, and Circulation Management b, Comprehensive Plan Environment Element Subsection -Shorelines of the State: Natural Resources and Hazard Management c. RMC 4-3-090.0: Purposes and Priorities. 2. Use Environments: a. General Boundaries: Comprehensive Plan Land Use Element Subsection -Shorelines of the State: Land Use, Recreation, and Circulation Management b. General and Specific Boundaries: RMC 4-3-090 F, G, H, and I. 3. Use Regulations, and Provisions for Variances and Conditional Uses. a. Shoreline Use Regulations: RMC 4-3-090. b. Shoreline Permit Procedures, including Exemptions. Substantial Development Permit. Variances. and Conditional Uses: RMC 4-9-190. c. Non-conforming Uses in Shoreline Jurisdiction in RMC 4-10-100. 4. Definitions: RMC 4-11. (Ord. 3094,1-10-1977, eft. 1-19-1977) li§.tfliO~~ GMA indicates SMP goals and policies are part of the Comprehensive Plan and development regulations are part of the GMA implementing development regulations. 1 Draft Best Available Science Regulation Amendments, July 13,2004 98 3454 3455 3456 3457 3458 3459 3460 3461 3462 3463 3464 3465 3466 3467 3468 3469 3470 3471 3472 3473 3474 3475 3476 3477 3478 3479 '. 3480 13481 '3482 3483 3484 3485 3486 3487 3488 3489 3490 3491 3492 3493 3494 3495 3496 3497 3498 3499 3500 3501 3502 3503 3504 3505 3506 3507 c. AMENDMENTS: Any and all amendments, additions or modifications to said Master PmQram, shall be by ordinance. (Ord. 3756,12 5 19~3, Re\'. 722 19~5 (Min.), 312 1990 (Res. ;!7~7), 7 16 1990 (Res. 2605), Re". 9 12 1993 (Min.), Ord. 4716,4 13 1996; Amd. Ord. 4633, 9161996) c. AMENDMENTS TO SHORELINE MASTER PROGRAM: 1. Time: The City shall review its Master Program pursuant to the time and other procedural requirements found in the Shoreline Management Act mcw 90.58) and the Growth Management Act (RCW 36.70Al. (Ord. 3758. 12-5-1983, Rev. 7-22-1985 (Min.), 3-12-1990 (Res. 2787), 716-1990 (Res. 2805), 9-12-1993 (Min.). Ord. 4716, 413-1998) ~gm:~: Moved from subsection 43- 090.N.) 2. Review Process: Any amendments to the Master Program shall be reviewed first by the Planning Commission, which shall conduct one public hearing on the proposed amendment. The Planning Commission shall make a recommendation to the City Council. which may hold one public hearing before making a determination. Any proposed amendment shall be submitted to the Washington State Department of Ecology for approval in accordance with the Shoreline Management Act of 1971 2747 [RCW 90.58), and the Growth Management Act [RCW 36.70A). (Ord. 3758, 12-5-1983, Rev. 7- 22-1985 (Min.). 3-12-1990 (Res. 2787). 7-16-1990 (Res. 2805), 9-12-1993 (Min.)' Ord. 4716, 413- 1998) r(§{i1t'G"~Ol:El: Moved from subsection 4-3-090.N with minor modifications .) 3. Adoption by Ordinance: Any and all amendments. additions or modifications to said Master Program. shall be by ordinance. [~m~m: Part of original 4-3-090.C.] D. PURPOSES AND PRIORITIES: The purpose of these regulations is to manage the Shorelines of the State within the City of Renton in accordance with the Washington State Shoreline Management Act. RCW 90.58, planning appropriate uses in recognition of the following use priorities: 1. Shoreline use priorities shall be consistent with RCW 90.58.020 for all Shorelines of the State. LEach shoreline has its own unique qualities which makes it valuable, particularly Shorelines of Statewide Significance, which in Renton include Lake Washington and the Green River. Preference is, therefore, given to the following uses in descending order of priority for ~shorelines of ~statewide ~significance (as established by RCW 90.58.020): ~. Recognize and protect the statewide interest over local interest for sho relines of statewide significance. ~Q. Preserve the natural character of the shorelines. J9,. Result in long-term over short-term benefits. 4g. Protect the resources and ecology of the shorelines. 5g. Increase public access to publicly owned areas of the shorelines. (Ord. 3758, 12-5-1983, Rev. 7-22-1985 (Min.), 3-12-1990 (Res. 2787), 7-16-1990 (Res. 2805), Rev. 9-12-1993 (Min.), Ord. 4716,4-13-1998) 61. Increase recreational opportunities for the public in the shoreline. g. Provide for any other use or activity deemed appropriate or necessary. Draft Best Available Science Regulation Amendments, July 13,2004 99 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 3528 3529 3530 3531 3532 3533 3534 )535 .' 3536 3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 3556 3557 3558 3559 3560 3561 3562 E. REGULATED WATER BODIES: 1. Applicability: The Renton Shoreline Master Program applies to Shorelines of the State. which includes Shorelines and Shorelines of Statewide Significance as defined in RMC 4-11 and as listed below. a. Shorelines: The Cedar River. Black River. Springbrook Creek. and May Creek are classified as Shorelines. b. Shorelines of Statewide Significance: The Green River and Lake Washington are classified as Shorelines of Statewide Significance. 2. Extent of Shoreline Jurisdiction: The jurisdictional area includes: a. Lands within 200 feet. as measured on a horizontal plane. from the ordinary high water mark. or lands within 200 feet from f1oodways. whichever is greater: and b. Contiguous floodplain areas; and c. All marshes. boas. swamos. and river deltas. associated with streams. lakes and tidal waters that are subject to the provisions of the State Shoreline Management Act. 3. Regulated Shoreline Segments: Approximately eighteen (18) miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act of 1971. These eighteen (18) miles of shoreline in the City of Renton are considered an extremely valuable resource not only to the City of Renton, but also to the State Metropolitan Area of which Renton is an integral part. In the City of Renton, the following bodies of water are regulated by the Act: L .h-Cedar River. L&Green River. The Green River itself is outside the City limits. but a portion of the 200 foot jurisdictional area lies within Renton City limits. The City is required as the permitting agency to apply the master program applicable to the Green River (Tukwila) if the. water body is outside the City of Renton, but the 200-foot jurisdictional area falls within Renton City limits. L~Lake Washington. !t.:.4-May Creek from the intersection of May Creek and N.E. 31 st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM downstream in a northeasterly direction to its mouth at Lake Washington. !L)~.,-Springbrook Creek from the Black River on the north to SW 43rd Street on the south.,. L9,-Black River", 7. The jYrisdiction of this Master Program indydes shorelines of the State as defined in sybsection F of this Section. (Ord. 3758, 1251983, Rev. 7221985 (Min.), 112 1990 (Res. 2737),715 1990 (Res. 2305), Re .... 9 12 1993 (Min.), am. 4715, 4 13 1993) F. STATE OF 'PJASHINGTON CLASSIFICATION OF WATER BODIES: [gs~~: Moved above.] 1. Shorelines of Statewide Significance: By State standards, the Green River and bake Washington are classified as Shorelines of Statewide Significance, and comprise approximately 5.3 miles of the shorelines of the State reQylated by the City of Renton. Draft Best Available Science Regulation Amendments, July 13, 2004 100 3563 3564 2. Shorelines of the State: In a~~ition, the shorelines of the Ce~ar River, Black River, Springbrook Creek, 3565 an~ May Creek are shorelines within the City. 3566 3567 GE. THREE (3) ENVIRONMENTS DESIGNATED BY CITY: 3568 3569 1. Names of Environments: Three (3) environments, Natural, Conservancy, and Urban, shall beare 3570 designated to provide a uniform basis to apply policies and use regulations within distinctively 3571 different shoreline areas. 3572 3573 2. Basis for Designation: The environmental designation to be given any specificto an area shall be 3574 based on the existing development pattern, the biophysical capabilities and limitations of the area 3575 being considered for development and the goals and aspirations of local citizenry. Shorelines have 3576 been categorized according to the natural characteristics ald use regulations have been designated 3577 herein. 3578 3579 3. Map of Environments: The above information is illustrated in the following map. (Ord. 3758, 12-5- 3580 1983, Rev. 7-22-1985 (Min.), 3-12-1990 (Res. 2787), 7-16-1990 (Res. 2805), Rev. 9-12-1993 (Min.), 3581 Ord. 4716, 4-13-1998) 3582 Draft Best Available Science Regulation Amendments, July 13,2004 101 3582 SHoRELlNEB'Nvm.ONMENTS I ENViRONMENTS Urban Conservan~y NaLural (\ ---'. ••• 3583 3584 [~MIf~~1f~fO!~: To Be Amended Per SMP Map Amendment Recommendations. See separate memo 3585 dated March 8, 2004 and associated revised map.] Draft Best Available Science Regulation Amendments, July 13, 2004 102 crrv OF RENTON SHORELINE MASTER PROGRAM SPRINGBROOK CREE~( StiOREUNE BOUNOARY MAP ~~~r--,rq=r~~ 3586 3587 rF§llifOt'J§!IfBte: Text amended in F4 to strengthen idea of field review and report controlling regarding 3588 wetland location.] ) Draft Best Available Science Regulation Amendments, July 13, 2004 103 3589 3590 3591 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 3604 3605 3606 3607 3608 3609 36lO 3611 3612 3613 3614 3615 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627 3628 3629 3630 3631 3632 3633 3634 3635 3636 3637 3638 3639 3640 3641 3642 4. Extent of Classifications a. Aquatic Area: Shoreline Environment classifications extend from the centerline of the water body to the shorelands, or City limits as appropriate, if the opposite shoreland is not within the City limits. [~~r1i~i!-!0'fe: Follows from SMP Map amendment recommendations described under separate cover.l b. Associated Wetlands -Springbrook Creek: The Springbrook Creek Shoreline Boundary Map in Section 3 above identifies Use Environments for the Creek and associated wetlands as determined at the time of the map wetland inventory. The application of the Renton Shoreline Master Program to associated wetlands shall be based on the site-specific presence and extent of associated wetlands at the time of application as determined by the Development Services Division. MG. NATURAL ENVIRONMENT: 1. Objective: The objective in designating a Natural environment is to protect and preserve unique and fragile shoreline or wetland environments in their natural state. The Natural environment is intended to provide areas of wildlife sanctuary and habitat preservation. (Ord. 3758, 12-5-1983, Rev. 7-22-1985 (Min.) 3-12-1990 (Res. 2787), 7-16-1990 (Res. 2805) Rev. 9-12-1993 (Min.), Ord. 4716, 4- 13-1998) 2. Areas to Be Designated as a Natural Environment: a. Areas that are unique or fragile. b. Floodway areas. 3. Extent of the Natural Environment: That portion of the north bank of the Black River lying east of Monster Road/68th Avenue S. and west of its confluence with Springbrook Creek shall Deis designated Natural (see the Shoreline Environment Map in subsection G-E..of this Section). 4. Acceptable Activities and Uses: Acceptable activities and uses in the Natural Environment are limited to the following: The only human acti"ity that is acceptable is for fiood]Alay drainage or storage. All other human activities including recreation are considered inappropriate. a. Flood control: Public flood control structures and operations; floodway drainage and storage activities. b. Dredging: Dredging necessary for public flood control activities. c. Public Access: Installation of public trails. i. Hard surface trails when located on existing rights of way; ii. Soft surface trails; iii. Public viewing platforms or areas. d. Local Service Utilities: Installation of necessary local service utilities subject to the standards of Subsection K.18, Utilities. e. Roads and Railroads: Necessary expansions or modifications of eXisting roads, railroads, and bridges subject to the standards of Subsection K.15, Roads and Railroads, of this Section. Draft Best Available Science Regulation Amendments, July 13, 2004 104 3643 3644 3645 3646 3647 3648 3649 3650 3651 3652 3653 3654 3655 3656 3657 3658 3659 3660 3661 3662 3663 3664 3665 3666 3667 3668 3669 \3670 >/3671 3672 3673 3674 3675 3676 3677 3678 3679 3680 3681 3682 3683 3684 3685 3686 3687 3688 3689 3690 3691 3692 3693 3694 3695 3696 3697 ,3698 f. Other Activities: The following activities that are exempt from the permit system are allowed uses in the Natural Environment: RMC 4-9-190 i. C.3, Normal maintenance or repair; ii. C.5, Emergency construction; iii. C.11. Marking of property lines; iv. C.13. Site exploration and investigation activities towards preparation of an application; v. C.14. Removing or controlling an aquatic noxious weed; vi. C .15. Watershed restoration projects: vii. C.16. Improve fish or wildlife habitat or fish passage: and viii. C.17. Hazardous substance remedial actions. [g~iff~~e:l Follows from current Natural Environment language regarding allowances for floodway drainage and storage and is more specific to accommodate the existing utility/flood operations (including pump station) along the Black River. and the Parks Division plans for public access.] 5. Dedication for Flood Storage: The City of Renton recognizes that preservation of Natural Environment shoreline areas can only be assured through public acquisition. Therefore, \WVhere private development is proposed in these areas so designated, the City shall allow reasonable use of property, but shall require adequate long-term on-site reqYire dedication as necessary for flood storage. [~i:tjfeilffi~~Qfe1! Language added to address that the City must provide for reasonable use of property and the primary concern is to assure flood storage whether that occurs through easement. dedication of facilities. etc. It appears that the City now owns the vast majority of Natural designated shorelines. particularly if redefining the extent of the Natural designation per the amendments in this work program.] tH. CONSERVANCY ENVIRONMENT: 1. Objective: The objective in designating a Conservancy environment is to protect, conserve, and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state, while providing for limited use of the area. The Conservancy environment is intended to provide a pleasant break in the surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. 2. Areas to Be Designated as a Conservancy Environment: a. Areas of high scenic value. b. Valuable areas for wildlife habitat. c. Hazardous slope areas. d. Flood-prone areas. e. Areas which cannot provide adequate utilities for intense development. f. Areas with unique or fragile features. Draft Best Available Science Regulation Amendments, July 13, 2004 105 3699 3700 3701 3702 3703 3704 3705 3706 3707 3708 3709 3710 3711 3712 3713 3714 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 3736 3737 3738 3739 3740 3741 3742 3743 3744 3745 3746 3747 3748 3749 3750 3751 3752 3753 3754 ) 3. Extent of the Conservancy Environment: The following segments are designated Conservancy: LThat portion of May Creek east of FAI-405 right-of-way;. and lL Ithat portion of the south bank of the Cedar River, two thousand five hundred feet (2,500 ) east of FAI-405 right-of-way, and south of Maple Valley Highway to the easternmost City limit boundary as of the effective date of these regulations (I, 2004), and c. That portion of the north and south banks of the Cedar River lying north of Maple Valley Highway between 1351h Avenue SE extended and the easternmost City limit boundary as of the effective date of these regulations <I 2004), and d. Ithat portion of Springbrook Creek beginning from apprOXimately S. W. 27th Street on the north to S.W. 31 st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of S.W. 38th Street abutting the City's recently acquired Wetlands Mitigation Bank;. shall be designated Conservancy (see the Shoreline Environment Map and the Springbrook Creek Shoreline Boundary Map in subsection G-E.of this Section~. e. That portion of the south bank of the Black River lying east of Monster Road/68t Avenue S. and west of its confluence with Springbrook Creek (see the Shoreline Environment Map in Subsection F of this Section). 4. Acceptable Activities and Uses: Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in a Conservancy environment are low-density residential, passive agricultural uses such as pasture or range lands, and passive outdoor recreation. 5. Use Regulations in the Conservancy Environment: a. Commercial Uses: Commercial uses shall be limited to home occupations, which shall be . contained wholly within the dwelling \,jnit. rl§cIltrfr;ISllMre: Definition of home occupation limits activities to inside a dwelling or accessory structure.] b. Fish and Game Reserve and Breeding Operations: Any such activity shall be allowed only by the Land Use Hearing Examiner. c. Industrial Uses: All industrial activities are prohibited in a Conservancy environment. d. Recreation Use: In the Conservancy environment, only the following recreation uses shall be limited to passive recreation permitted. i. Permitted Uses: Public hiking and bicycle trails, non motorized public fishing, public wading and swimming spots, public areas for nature study, public picnic areas. public outdoor recreation facilities authorized by the City Parks, Recreation, and Open Space Master Plan. ii. Conditional Uses Allowed by Hearing Examiner: Public overnight camping areas. e. Residential Uses: i. Permitted Uses: Low-density single family residences. ii. Prohibited Uses: Multi-family residences of two (2) units or more. f. Utilities: i. Local Service Utilities: The necessary local service utilities shall be permitted for approved activities and uses within the Conservancy environment and shall be undergrmmd perwhen consistent with City Code requirements in subsection K.18, Draft Best Available Science Regulation Amendments, July 13, 2004 106 3755 3756 3757 3758 3759 3760 3761 3762 3763 3764 3765 3766 3767 3768 3769 3770 3771 3772 3773 3774 3775 3776 3777 3778 3779 3780 3781 3782 ,3783 3784 3785 3786 3787 3788 3789 3790 3791 3792 3793 3794 3795 3796 3797 3798 3799 3800 3801 3802 3803 3804 3805 3806 3807 3808 3809 ii. Major Utilities: Major utilities may be allowed only by approval of the Land Use Hearing Examiner and only if they cross the conservancy area in the shortest feasible route. g. Roads: Necessary roads are permitted subject to the standards regulations of subsection ~K.15, Roads and Railroads, of this Section, Roads and Railroads. h. Educational Facilities: Installation of facilities by public agencies for public educational purposes such as, but not limited to, ecological or historical education when located outside of unique or fragile areas. i. Flood control: Public flood control structures and operations; f100dway drainage and storage activities. j. Dredging necessary for public flood control activities. k. Other Activities: The following activities that are exempt from the permit system are allowed uses in the Conservancy Environment: RMC 4-9-190 i. C.3, Normal maintenance and repair: ii. C.4, Bulkhead; iii. C.5, Emergency construction; iv. C.6, Farming, irrigation, and ranching activities; v. C.10, Canals, waterways, drains, and reservoirs; vi. C.11, Marking of property lines; vii. C.12, Maintenance of any system of dikes, ditches, and drains; viii, C.13, Site exploration and investigation activities towards preparation of an application; ix. C.14, Removing or controlling noxious weeds; x. C.15, Watershed restoration projects; and xi. C.16, Fish or wildlife habitat or fish passage; and xii. C.17, Hazardous substance remedial actions. [~litlr,I~I~j~~: Follows from SMP Map amendment memos March 8, 2004, for the Maplewood Golf Course and Ron Regis Park additions to the SMP map as Conservancy, matching King . County allowances for active recreation.] JI. URBAN ENVIRONMENT: 1. Objective: The objective of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses, 2. Areas to Be Designated as Urban Environment: Draft Best Available Science Regulation Amendments, July 13,2004 107 3810 3811 3812 3813 3814 3815 3816 3817 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 3835 3836 3837 .'3838 3839 3840 3841 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 ) a. Areas of High Intensity Land Use: The Urban environment is an area of high-intensity land use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city, but is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate intensive urban expansion. On certain shorelines planned for future urban expansion, there should be limitations based on the physical aspects of the site. 3. Extent of the Urban Environment: All shorelines of the State regulated by the City which are not designated a; Conservancy or Natural are designated as Urban (see the Shoreline Environment Map in subsection G-Eof this Section). 4. Acceptable Use and Activities: All uses shall be allowed as indicated by subsection b-K..of this Section, Specific Use Regulations. Also all uses in 4-9-190.C, Exemptions from Permit System, are allowed in the Urban Environment. 5. Use Regulations in the Urban Environment: a. Water-Oriented Activities: Because shorelines suitable for urban uses are a limited resource, emphasis shall be given to development within already developed areas and particularly to water- oriented industrial and commercial uses. b. Public Access: In this Master Program, priority is also given to planning for public visual and physical access to water in the Urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the Urban environment shall be accomplished through the Master Program. To enhance waterfront and ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to nonmotorized transportation routes such as bicycle and hiking paths. KJ. GENERAL USE REGULATIONS FOR ALL SHORELINE USES: 1. Applicability and Exemptions: a. Applicability: i. General: The Renton Shoreline Master Program regulations apply to any use, activity, or development on the Shorelines of the State within the City. No authorization to conduct a use, activity or development shall be granted unless such use, activity, or development is found consistent with the Renton Shoreline Master Program. :pm; Section shall a~~ly to all shoreline yses whenever af)~licable. Iterns inclYQeQ here will not necessarily be ref)eateQ in sblbsection l of this Section, S~ecific Use ReQbllations, anQ shall be blseQ in the e'lalblation of all ~errnits. ii. Nonconforming uses: See RMC 4-10-100 regarding the extent to which Renton Shoreline Master Program standards apply to nonconforming uses and activities. b. Exemptions: i. Permit Exemptions: RMC 4-9-190.C identifies developments or activities which are not required to obtain a shoreline substantial development permit, but which must otherwise comply with all applicable provisions of the Renton Shoreline Master Program. ii. Use orActivity Exemptions: Reserved. [~/l~1il\1'fote: This is a larger issue for the larger future SMP update.] Draft Best Available Science Regulation Amendments, July 13, 2004 108 3865 3866 3867 3868 3869 3870 3871 3872 3873 3874 3875 3876 3877 3878 3879 3880 3881 3882 3883 3884 3885 3886 3887 3888 3889 3890 3891 3892 ./3893 3894 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 3915 3916 3917 3918 3919 3920 2. Environmental E~c::t&: [~Wf@rismm"e: Moved and integrated in new Section 6 below. Pollution and Ecological Disruption discussion was deleted as too similar to No-Net-Loss of Functions discussion below.] a. Pellutien and Ecelegical Disruptien: The petential effects en water quality, '.'later and land vegetatien, water life and other wildlife (including, fur example, spa'/ming areas, migration and circulatien habits, natural habitats, and feeding), soil quality and all other environmental aspects must be considered in the design plans fur any activity or facility which may have detrimental effects on the envimnment. b. Burden on Applicant: Applicants fur permits must explain the methods that '.vill be used to abate, a"oid or otherwise control the harmful effects. c. Erosien: Erosion is te be contmlled through the use of vegetation rather than structural means where feasible. d. Geology: Important geological factors such as possible slide areas on a site must be considered. IJIlhate"er activity is planned under the application for the development permit must be safe and appropriate in view of the geological factors prevailing. l. Use Compatibility and Aesthetic Effects: [~arre"'iW'S;fN8'f~: Moved and integrated in new Section 6 below.] a. The potential impact of any of the following on adjacent, nearby, and possibly distant land and shoreline users shall be considered in the design plans and effurts made to avoid or minimi2e detrimental aspects: i. View Obstruction: Buildings, smokestacks, machinery, fences, piers, poles, wires, signs, lights, and other structures. ii. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities. iii. DeSign Theme: Architectural styles, exterior designs, landscaping patterns and other aspects of the overall design of a site shall be a unifurm or coordinated design, planned . fur the purpose of visual enhancement as well as fur serving a useful purpose. iv. Visually Unpleasant Areas: landscaped screening shall be used to hide from public vie'A' any area that may impinge upon the visual quality of a site, for example, disposal bins, storage yards, and outdoor work areas. v. Outdoor Activities: "\fork areas, storage, and other activities on a site in a residential area shall be in enclosed buildings, as is reasonably possible, to reduce distractions and other effects on surmunding areas. Outdoor activities of commercial and industrial operations shall be limited to those necessary for the operation of the enterprise. Outdoor areas shall not be used fur storage of more than minimal amounts of equipment, parts, materials, products, or other objects. 4. Public Access: rmru~im: Moved and integrated in new Section 6 below.] a. VVhere possible, space and right of way shall be left available on the immediate shoreline so that trails, nonmotorized bike paths, andlor other means of public use may be developed pmviding greater shoreline utilization. b. Any trail system shall be designed to avoid conflict with private residential pmperty rights. Draft Best Available Science Regulation Amendments, July 13,2004 109 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941 3942 3943 3944 3945 3946 3947 .3948 ·3949 3950 3951 3952 3953 3954 3955 3956 3957 3958 3959 3960 3961 3962 3963 3964 3965 3966 3967 3968 3969 3970 3971 3972 3973 3974 3975 c. No proper1¥ shall be acquired for public use ',I.'ithout just compensation to the owner. 5. Facility Arrangement Shoreline Orientation: VVhere feasible, shoreline developments shall locate the "'ater dependent, '""ater related and ',I.'ater enjoyment portions of their developments along the shoreline and place all other facilities inland. [l?JITf<?fJ~: Moved and integrated in new Section 6 below.) 6. landscaping: The natural ami proposed landscaping should be representative of the indigenous character of the specific types of waterway (stream, lake edge, marshland) and shall be compatible with the ~Iorthwest image. The scenic, aesthetic, and ecological qualities of natural and developed shorelines should be recogni~ed and preserved as valuable resources. [~~1l Section removed. Requirement for "natural and proposed landscaping should~"b'e representative of indigenous character," etc .. duplicative of J.6.d, e, and f.) 7. Unique and Fragile Areas: Unique features and wildlife habitats should be preserved and incorporated into the site. Fragile areas shall be p=otected from development and encroachment. [gc1iJferJ'S~!~: New Sections 2 to 5 intended to provide protection for streamsllakes and associated riparian areas.) 2. Studies Required: . When Standard Stream or Lake Stud Is Re uired: If a ro osed develo ment site contains Shoreline of the State or associated buffer area, or the project area is within one hundred feet (100') of the Shoreline of the State even if the water body is not located on the subject property '-'. but the Reviewing Official determines that alterations of the subject property could potentially impact the water body in question, then the applicant shall be required to conduct a Standard tream or Lake Stud er RMC 4~8~ 120. b. When Supplemental Stream or Lake Study is Required: Changes to buffer requirements, or alterations of the Shoreline of the State requires a Supplemental Stream or Lake Study as identified in RMC 4-8-120. c. When Stream or Lake Mitigation Plan Required: A Stream or Lake Mitigation Plan shall be required per RMC 4-8-120.0., if impacts are identified within a required Supplemental Stream or Lake Study. The approval of the Stream or Lake Mitigation Plan by the Administrator shall be based on the criteria located in Subsection J.2.c.ii. below. i. Timing of Mitigation Plan -Final Submittal and Commencement: When a Stream or Lake Mitigation Plan is required. the applicant shall submit a final mitigation plan for the approval of the Administrator prior to the issuance of building or construction permits, whichever comes first. The applicant shall receive written approval of the final mitigation plan prior to commencement of any mitigation activity. ii. Criteria for Approval of Stream or Lake Mitigation Plan for Alterations of Shorelines and Associated Buffers: In order to approve a Stream or Lake Mitigation Plan the Administrator shall find that the Plan demonstrates compliance with the following criteria: (a) Mitigation Location: Mitigation location shall follow the preferences in (i) to (iv) below: (i) On-site mitigation: On-site mitigation is required unless the Reviewing Official finds that on-site mitigation is not feasible or desirable: (ii) Off-site mitigation within same drainage subbasin as subject site: Off- site mitigation may be allowed when located within' the same drainage subbasin Draft Best Available Science Regulation Amendments, July 13, 2004 110 3976 3977 3978 3979 3980 3981 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 4000 4001 4002 ;4003 . ·'4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 as the subject site and if it achieves equal or improved ecological functions over mitigation on the subject site: (iii) Off-site mitigation within same drainage basin within City limits: Off- site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved ecological functions within the City over mitigation within the same drainage subbasin as the project; (iv) Off-site mitigation within the same drainage basin outside the City limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or improved ecological functions over mitigation within the same drainage basin within the Renton City limits and it meets City goals. (b) Contiguous Corridors: Mitigation sites shall be located to preserve or achieve contiguous riparian or wildlife corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed: and (c) Non-indigenous species: Wildlife. or fish species not indigenous to the region shall not be introduced into a riparian mitigation area unless authorized by a State or Federal permit or approval. Plantings shall be consistent with Section 4-3-090.J.6.g.i: and Cd) Equivalent or greater biological functions: The Administrator shall utilize the report "City of Renton Best Available Science Literature Review and Stream· Buffer Recommendations" by AC Kindig & Company and Cedarock ConSUltants, dated X, 2003, unless superceded with a City-adopted study. to determine the existing or potential ecological function of the stream or lake or riparia'n habitat that is being affected. Mitigation shall address each function affected by the alteration. Mitigation to compensate alterations to streamllake areas and associated buffers shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. No-net-Ioss of riparian habitat or water body function shall be demonstrated: and (e) Minimum Mitigation Plan Performance Standards: For any required Stream or Lake Mitigation Plans. the applicant shall: (i) Demonstrate sufficient scientific expertise. the supervisory capability. and the financial resources to carry out the mitigation project; and (m Demonstrate the capability for monitoring the site and making corrections during the monitoring period if the mitigation project fails to meet prOjected goals; and (iii) Protect and manage. or provide for the protection and management of the mitigation area to avoid further development or degradation and to provide for Iong- term persistence of the mitigation area: and (iv) Provide for project monitoring and allow City inspections as appropriate: and (v) For onsite or offsite mitigation proposals. abutting or adjacent property owners are notified when mitigation has the potential to considerably decrease the development potential of abutting or adjacent properties. For example, if a stream alteration were Draft Best Available Science Regulation Amendments, July 13, 2004 111 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 . 4051 _}4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 proposed and altered the location of a required buffer on an abutting property. the abutting property owner should be notified. Notification shall be given as follows: (a) For applications that are not subject to notices of application per RMC 4- 8. notice of the mitigation proposal shall be given by posting the site and notifying abutting or adjacent property owners with the potential to be impacted_ (b) For applications that are subject to notices of application. the mitigation proposal shall be identified in the notice of application and mailed to abutting or adjacent property owners with the potential to be impacted. (f) Additional Conditions of Approval: The Administrator shall condition approvals of activities allowed within or abutting a streamllake or its buffers. as necessary to minimize or mitigate any potential adverse impacts_ Conditions may include. but are not limited to. the following: (j) Preservation of critically important vegetation and/or habitat features such as snags and downed wood; (ij) Limitation of access to the habitat area. including fencing to deter unauthorized access; (iii) Seasonal restriction of construction activities: and (iv) Establishment of a duration and timetable for periodic review of mitigation activities . (g) Based on Best Available Science: The applicant shall demonstrate that the mitigation is based on consideration of the best available science as described in WAC 365-195-905: or where there is an absence of valid scientific information. the steps in RMC 4-9-250F are followed. iii. Performance Surety: The Administrator shall require a performance surety to ensure completion and success of proposed mitigation. per RMC 4-1-230. The surety device shall be sufficient to guarantee that structures. improvements. and mitigation required by permit condition perform satisfactorily for a minimum of 5 years after they have been completed_ iv. Alternative Mitigation: The mitigation requirements set forth in this Subsection may be modified at the Administrator's discretion if the applicant demonstrates that improved habitat functions. on a per function basis. can be obtained in the affected sub-drainage basin as a result of alternative mitigation measures. d. Studies Waived: i. Standard Stream or Lake Study: May only be waived by the Administrator when the applicant provides satisfactory evidence that: (a) A road. building or other barrier exists between the water body and the proposed activity. or (b) The water body or required buffer area does not intrude on the applicant's lot. and based on evidence submitted. the proposal will not result in significant adverse impacts to nearby water bodies regulated under this Section. or Draft Best Available Science Regulation Amendments, July 13, 2004 112 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 '4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 (c) Applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. ii. Supplemental Stream or Lake Study: May only be waived by the Administrator when: (a) No alterations or changes to the stream or lake, or its standard buffer are proposed: or (b) Applicable data and analysis appropriate to the project proposed exists and an additional study is not necessary. iii. Stream or Lake Mitigation Plan: May only be waived when no impacts have been identified through a Supplemental Stream or Lake Study. e. Independent Secondary Review: Studies may require secondary review pursuant to RMC 4- 9-190.EA. 3. Disturbance Prohibited: Streams and lakes and their buffer areas shall be undisturbed, except where the buffer is to be enhanced or in conformance with allowances of Section JA or 5. 4. Shoreline Buffers: The following shoreline setbacks/buffers shall be required: a. Buffer Width: i. Standard Buffer Width: Shorelines shall have a minimum 100-foot buffer measured from the ordinary high water mark of the regulated shoreline of the state. :';(l~i;f~~~l~:~!~~::f~~'~~u~~:~~,!ii~~E~~!f~r~:~,~~,~~ .. jPS~~~~~i~:;g~;.r~g.~~;~g;~,~;;;~,»~}~~gr9r b. Use of Buffers: i. Natural or Partially Developed Shorelines: Buffers shall be maintained as stated in Subsections J.3, Disturbance Prohibited: J.6.e, Native Growth Protection Areas Required: and J.6.g .. Revegetation Required. ii. Developed Shorelines: On sites predominantly containing impervious surfaces in the shoreline buffer areas the buffer widths shall be considered building setbacks, with the setback area to be managed in accordance with Subsection J.5.b, Sites with Developed Shorelines. c. Increased Buffer Width: i. Areas of High Blow-down Potential: Where the stream/lake area is in an area of high blow-down potential as determined by a qualified professional. the buffer width may be expanded up to an additional fifty feet (50') on the windward side, when determined appropriate to site circumstances and ecological function by the Responsible Official. ii. Buffers Falling Within Protected Slopes or Very High landsldeLandslide Areas: When the required stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the streamllake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. III. Notification: Notification of an increased buffer width may be required pursuant to J.2.c.ii.e.v. Draft Best Available Science Regulation Amendments, July 13, 2004 113 ·"f 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 }4162 , 4163 . ) 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183 4184 4185 4186 4187 4188 4189 ct". R~duction of Buffer or Setback Width: i. Authority: Based upon an applicant's request. and the acceptance of a Supplemental Stream or Lake Study. the Administrator may approve a reduction in the standard buffer widths/setbacks where the applicant can demonstrate compliance with Subsections below and any mitigation requirements applied as conditions of approval. ii. Public Notice: Public notification of any buffer reduction determination shall be dven as follows: (a) For applications that are not subject to notices of application per RMC 4-8, notice of the buffer determination shall be given by posting the site and notifying parties of record in accordance with RMC 4-8. (b) For applications that are subject to notices of application, per RMC 48, the buffer determination or request for determination shall be included with notice of application, and upon determination, notification of parties of record shall be made. HE.Criteria for Approval of Reduced Buffer Width: If a proposal meets Subsections (a) or (bra!-(c) and meets the environmental criteria of (d), minimum buffer widths may be reduced as stated in Subsection JA.d.iv below: (a) The abutting land is extensively vegetated and has less than fifteen percent (15%) slopes; the width reduction will not reduce stream or lake functions, including those of anadromous fish or non-fish habitat; the width reduction will not degrade riparian habitat; and no direct or indirect. short-term or long-term, adverse impacts' to regulated water bodies, as determined by the City, will result from a regulated activity. The City's determination shall be based on specific site studies by recognized experts, pursuant to Subsection J.2 and RMC 4-8-120 and RMC 4-9-190 EA; or (b) The proposal includes daylighting of a stream through the entirety of its course through the property, or removal of a legally installed, as determined by the Administrator, salmonid passage barrier;or' (c) The proposal includes priority uses pursuant to RCW 90.58.020 which cannot be accommodated reasonably using standard buffers/setbacks; and Cd) Environmental Criteria: Proposals meeting Subsection (a) or (b) or (c) shall also meet the following environmental criteria: (i) Buffer Enhancement: • The project includes a buffer enhancement plan using native vegetation and provides documentation that the enhanced buffer area will maintain or improve the functional attributes of the buffer: or • In the case of existing developed sites where a natural buffer is not possible, the proposal includes on-or off-site riparianllakeshore or aquatic enhancement proportionate to its project specific or cumulative impact on shoreline ecological functions: and Oi) The proposal will result in, at minimum, no-net loss of streamllake/riparian ecological function: and Draft Best Available Science Regulation Amendments, July 13, 2004 114 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216 )4217 '··4218 4219 4220 4221 4222 4223 4224 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238 4239 4240 4241 4242 4243 4244 7 ('~ ,9-JI 01 ~~/ ( (ivl The applicant shall demonstrate that the proposal is based on consideration of the best available science as described in WAC 365-195-905; or where there is an X absence of valid scientific information. the steps in RMC 4-9-250F are followed. 1\ iv. Minimum Buffer Width Permissible by Administrator: If the criteria in Subsection JA.d.iii are met. the reduced buffer or setback width shallrihtbeless than the following ~inimum standards. (al 75 feet for non-water-oriented development. unless otherwise listed below. ;:) 50 feet. for water related or. water enjoYment development. unless otherwise. listed .... A ,~~ '.. ::feetfflrmUlthfa",iI::::~,opment In the Urban EnVlrnnmental~ng .,e;edar .•. ~ ~~-\River. ...... .. .... . . . . . . . (el 25 feet for existing essential public facilities in the Urban Environment not otherwise considered water dependent. The appropriate buffer/setback shall be based on the facility type. conformance with adopted master plans. ability to provide for safe public access. or other legal or safety concerns. (f) 25· feet for water dependent development that does not require an abutting shoreline location. (g) 0 feet for water dependent development if the use depends on an abutting shoreline location. (h) 0 feet for public access connections to the water's edge. or public access water body crossings. or public access segments connecting to existing trails where an alternate alignment is not practical. or where public access alignment avoids impacts to other critical areas. or where safety requires an abutting location; otherwise 25 feet for public access proposals paralleling the water. (i) 0 feet for necessary roads. bridges. and railroads and utilities when consistent with the standards of Subsection K. (j) 0 feet for piers. docks. marinas. boat launches. and bulkheads when consistent with applicable standards in Subsection K. (k) As determined by the Administrator, for development proposed on sites separated from the shoreline by existing intervening lots/parcels. roads, or other significant improvements on an adjoining property. but no less than the standards of the underlying zone. v. Documentation: Reduced buffer width determinations and evidence shall be included in the application file. , :.':- Draft Best Available Science Regulation Amendments, July 13, 2004 115 Effect of Proposed Stream Regulations on the City's Buildable Lands Analysis August 12, 2004 Overview Stream buff~rs are. p~oposed to be increased, butth,e incr~as~d buf~s ar~ not anticipate~ to significantly affect the City'S eXlstlngland'use plans and population allocatlons/J]' , owth capacity above its targets, and the City's net density approac edits ensities in stream buffers. The City's zoning districts, particularly multifamily, commercial, industrial and mixed use districts, offer , flexibility in building heights, setpacks, lot sizes,densities, etc. to accommodate sUbstantial development. , Last, the proposed stream regulations allow for administrative buffer reductions, administrative buffer ; averaging, and modifications orvariancesforreductions/avera'ging below theadministrativelevel~.··· provided there is no-net-Ioss of stream ecological function. . Buildable Lands Analysis Summary • . The City's buildable lands analysis in_~~~~tL~dicated a Citywide capacity for 10,62(yhollsing u: basedon its Comprehensive Plan land'-Useq-scheme, not including the new Urban Center zone adopted in 2003which allows for an additional range of 4,048 to 5,125 dwellings through the year . 2030. This is 71 % to 154% above the City's assigned 2022 dwelling target-of6,198' un.its. The . ' buildable lands calculations assumed reductions for critical areas,(steep;slopes·aridh~j~t.landsy--' •. • !he City'~ buil~able lands analysis inf~~!~~Jf!~dicated an employm~nt capac!ty Citywidecfor 32,205 Jobs, not Including the new Urban Centef\-zone employment allOWing potentially betwe~n 2,300 to 41,400 additional jobs. This is 17% to 166% above the City's assigned 20 ent'target of 27,597 jobs. The buildable lands calculations addressed reductionsJ r critical areas a noted above. • The proposed regulations allow for already developed stream buffers to maintain impervious surfaces (buffers would function as setbacks in this case), For developments on shorelines with partially developed or natural buffers, development may need to cluster onsite. However, City regulations for the ,office, and industrial zones allow substantial heights and minimal setba,cks; which , flexibility in arranging developments 1. For resideritiafdevelopments, it is irnpoi1:aritto 1 For exampl.e, the following mixed use, industrial, and commercial zone summaries. give a sampling of flexible st~"ndards: . .' The COR zone alioiNs up to 125 foot building heights, a 10 foot front yard, no stlindard rear or side yards, and no minimum lot sizes. . .' . Features of the Industrial zones that allow for flexibilitY include: no minimum lot depth; n610tcoverage standards, no minimum side or rear yards u!1less abutting residential zones, ?P}ootbuilding heights in.theJI,.. zone witi:l the ability to request conditional use permits for greater heights, and no building heightiimitsin theJM and IH zones. •. ~... The CA zone has the following features: 50 foot height limit with ability to request additional height with conditional use permits; no minimum lot sizes or minimum lot widths; front yard setbacks of 10 feet; and no minimum rear or side yard widths for properties that do not abut residential zones. August 11, 2004 Page lof3 lot size, width, or depth. Building heights, densities, and use allowances would accommodate a variety of structures including multi-storey attached units. Since the 2002 bu' a, e ,', ' s analysis made reductionsforwetlands and steep slopes, but not streams outside:ofiw~tlar:l., ;';(Z)ity,isti:l.f ,;pr:epar:edstr$~ny~nd;b.uil(j?~le:landsinf()rmation'for"ERC consideration . . . ", .. ", .. :'.' ..... " .. '.." .. The general approach was to 1) determine the area of 'the stream corridors, 2) calculate the ratio of developed versus undeveloped and redevelopable properties in the City's buildable lands analysis for single family zones; ,;3) determine the net acres of buildable parcels affected by stream corridors; and 4) determine the change in the number of possible units. Multifamily zones, commercial zone~, and mixed use zones were not included in this analysis. Densities assumed in the buildable lands analysis for these zones were 'based on recent achieved or prototype densities rather than the maximum densities allowed which is conservative. Also, these zones allow greater height to,express the density/intensity potential. :~he table below identifies the,outcomeOfdiSC~~!ltjng~~the buildable lands analysis.2 ' Stream Reductions'~ Single: FamHy Buildable Lands R~5Liiiear Feel of Stream R-5 Area R-8 Linear Feet of StreamR-8 Area R~10 Linear Feet of Stream R-10 Area Total Reduct. meters ft class meters ft. class meters ft, class 643.68 ,:; .. ,:c e~ ... ' .. '." 168.47 552.75 288.66 947.10 216.72 711.06 56;37 184,94 438.34 143,8J9 16.52 54.19 34.37 112.75 ,,57.33 188.09 ~' .. :.".' ,17,87 58.63 78.40 257~24 40.06 131.44 75~04 246.19 141.90 465.59 " ,58.48 191.89 : .. ,30.65 toO.55 .59: l6; .• d ~4;!12 '88~N'289.20 --, 5lh6"18V';!>!:> .. , ..... 138:8cf 45$.41 '22:95 "75.30 22.00 72~19 44.72 146.73 "25:01, ,82;07 "i 12.80 41.99 186.36 611.46 45:15'148:13 77;15,.253.12 16,582.42 71.33 234.02 1 28,412.96 1 2:1,331.78 5,548;12 1 "43;145.83, 2 1,625:83 2 , 3,382.55 . ~, '5,642.67 2 1.i58~89 2" 7,717.16 2 3,943.25 3 '1,230.96 3 2,327~94 3 9q9.44 , :3', ' 502:7:6 "'<:'.";3 "J. ·,,.',3 111.71 ' 41.56 3 ;~~937;76 : , '4 376·~9 '",., ", ':,' .. ' 144;38 293.47 164)13 '83.98 4 1,222.93 "4"296~25 ,4506:23, . 366.53 156~05 -.... :: 2 The City's buildable lands analysis removed critical areas, but n()t b,uffers as these are credited for density, and in nonresidential zones, flexibility in heights and other development standardsallbw deifelopmentpotential to be expressed. August 11,2004 Page 2 of3 ) R-5 Linear Feet of Stream R-5 Area R-8 Linear Feet of Stream R-8 Area R-10 Linear Feet of Stream R-10 Area Total Reduct. meters ft. class meters ft. class meters ft. class 8.72 28.60 4 57.20 94.84 311.17 4 622.34 SF 643.68 153,511.33 2,215.26 Acres 0.01 3.52 0.05 Unit Reduction 6 dulac 0.09 6.7 dulac 23.61 9.53 dulac 0.48 " Notes. Stream arl~~. de!:luctE!(j from buildable lands considered in September 2002 King County Buildable lands Report. ,Stream;~~~~i~f~:~r~jt~ifor-;?~n~itie~:il1:.th~'Jl§ll\derisity;defi~itii:iJ)t~B~;I,ir.WI)()t:~e.d,u~ted, R-1, No stream removals per City GIS. ". ". . " , ," "'.' ·c. :" R-14, not estimated; not likely to have further reductions, and streams are not mapped. Multifamily, Commercial, Industrial, and Mixed Use zones, not estimated since there are greater heights allowed and since dwellings (where allowed) were not calculated at maximum densities in the buildable lands model. Stream width assumptions: Class 1, 30 feet, measurement of Cedar River at Maple Valley Road at the R-8 zone, per King County I-Map. May Creek at R-8 along 1-405 is less wide, but 30' used for conservative estimate. Class 2, 30 feet, measurement at Honey Creek Estates II plat, although that includes associated wetlands; and is likely conservative. Class 3, estimated 5 feet wide. Class 4,estimated 2 feet wide, from sample development site on SE 128th, an upstream segment of Maplewood Creek. Given the City's substantial growth capacity above targets and the City's net density approach, the general conclusions above did not substantially change as a result of the stream aildbuildable lands review. References " City of Renton. July 8, 2003. Boeing Renton Comprehensive Plan Amendment Draft EIS. King County. September 2002. King County Buildable Lands Evaluation Report. --- August 11, 2004 Page 3 of3 24.19 I I I I I I (, 50' SETBACK PUBUCl.AND LAKE WASHINGTON PUBUCLAND /MAYCREEK DELTA DAl£: 07/24/03 FEET .. ~ 200 ~ FILE; Kl779017P01T14F-3-4-04 ~ ( \ .. REVISED 50' SETBACK FROM OHW , 88 DUPLEX BUILDING SITES, 13 FOUR AND FIVE-PLEX BUILDING SITES 101 TOTAL BUILDING SITES Figure 3.4-4 Option "A" 50-foot Buffer Barbee Mill Preliminary Plat \) OHW 100' SETBACK----- PUBLIC u\ND LAKE WASHINGTON PUBLIC U\ND SCALE IN fEET ~.. .. . ~. o 100 200 I FlLE: Kl779017P01T14F-3-4-05 100' SETBACK ------ \ REVISED 100' SETBACK FROM OHW 50 BUILDING SITES· ., .. Figure 3.4-5 Option "B" 100400t Setback Barbee Mill Preliminary Plat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ' .. BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON J. H. BAXTER & CO., a California corporation, and PORT QUENDALL COMPANY, a Washington corporation, Appellants, vs. CITY OF RENTON Respondent. APPELLANT J. H. BAXTER'S MEMORANDUM TO HEARING EXAMINER . I. INTRODUCTION This memorandum is submitted on behalf of J. H. Baxter and Co., a California limited partnership ("Baxter") seeking reversal of the detennination of nonsignificance respecting the City of Renton's proposed amendments to its critical area ordinances and to the Shoreline Master Program. Baxter seeks the Hearing Examiner's detennination that the very substantial increase in critical area buffer requirements will have significant impacts to the environment that necessitate a complete and full environmental impact study. APPELLANT J. H. BAXTER'S MEMO~UMTOHEMUNG EXAMINER-l LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE, SUITE 3210 SEATTlE, WASHINGTON 98104 (206) 689-1205 FAX (206) 381-3574 1 While Baxter herein submits its views and analysis seeking such determination by the 2 hearing examiner, Baxter also fully joins with and supports the position presented by Barbee 3 Forest Products Inc., Barbee Mill Co., Inc., and Altino Properties, which are submitted separately 4 in this same appeaL Baxter incorporates the presentation, analysis and argument presented by 5 Barbee in its memorandum to Hearing Examiner. 6 7 II. PERTINENT FACTS 8 The City of Renton is presently undertaking to update its critical area regulation and 9 Shoreline Master Program consistent with its responsibilities under the Growth Management Act 10 After undertaking the required public process, the City issued a notice of proposed determination 11 of nonsignificance ("DNS"). Parts of the ordinances under consideration increase the buffers for 12 Class I waters to 100 feet from the existing 25 foot set back. We submit this action has significant 13 environmental impact 14 Baxter is a member ofa Joint Venture, Quendal Terminals, which owns 20 acres of Lake 15 Washington Waterfront property, which is heavily contaminated. Baxter was the previous owner 16 of property immediately north of Quendal Terminals property commonly referred to as the Baxter 17 site. This property had been sold for redevelopment Baxter operated at the Baxter site for nearly 18 50 years a wood treating facility for the purposes of processing telephone poles, pilings and 19 related products such as cross arms and railroad ties, for distribution to the public, utilities and 20 railroads. Quendal Terminals was owned and operated by Riley Tar and Chemical for greater than 21 70 years manufacturing roofing tars and creosote from coal tar produced at various locations such 22 as Seattle Gas Works, Tacoma Gas Works and other such facilities throughout the Pacific 23 Northwest and elsewhere. 24 APPELLANT J. H. BAXTER'S MEMO~UMTOHE~G EXAMINER-2 LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE, SUITE 3210 SEATTLE, WASHINGTON 98104 (206) 689-1205 FAX (206) 381·3574 .. 1 During the course of these operations, both sites had become contaminated with creosote 2 and related products. These contaminations have required both sites to be listed by Department of 3 Ecology and require the need for remediation. Both sites have substantial Lake Washington 4 waterfront. In each property the contamination is near and adjacent to the lakeshore and in some 5 instances may have penetrated below the surface underneath the lakebed. 6 Also along Lake Washington, in the City of Renton, there are a number of other properties 7 that are now or in the past have been utilized as industrial properties. Also, along the Cedar River 8 additional properties have been used industrially. All properties that are or have been utilized for 9 industrial purposes frequently have been contaminated by there industrial processes prior to the 10 awareness of the need for safeguards that presently exist. 11 While the law imposes a duty to remediate such sites upon the owners and upon· the 12 industries that operated such sites, the unfortunate practical reality has been and still is that these 13 properties frequently are not able to be remediated until a conversion. in use occurs. This process 14 of redevelopment is referred to as "Brownfield Developments". For example, Southport located 15 adjacent to the Boeing plant in Renton Washington, was a former site utilized by Puget Energy 16 for a standby electrical generating facility as well as an industrial storage area. This site was listed 17 by the Department of Ecology and was deemed to be contaminated. Its cleanup only happened 18 with its redevelopment as "Southport" even though Puget Energy is a very solvent company. 19 Similarly, all industrial sites that have contaminated waterfront properties whose 20 properties are adjacent to or near the shore lands, in order to economically support the 21 redevelopment and reconversion of the property to higher and better uses including residential 22 and or commercial, need to create the potential use environment wherein the remediation will be 23 paid for by the redevelopment. 24 APPELLANT J. H. BAXTER'S MEMORANDUM TO HEARING EXAMINER-3 LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE. SUITE 3210 SEATTLE. WASHINGTON 98104 (206) 689-1205 FAX (206) 381·3574 1 One way that this redevelopment motivates remediation is the utilization of development 2 as part of the containment system that constitutes the remediation. Thus, parking lots, buildings 3 and other urban type developments constitute "caps" for the contained contamination. This 4 "capping" is part of the development and is a cost that a developer would have to expend in 5 development in any regard. Because it is strategically located at a location where containment is 6 required as remediation, a well-planned and calculated redevelopment can use the benefits of the 7 required remediation of contaminant for redevelopment If such contaminant is within 100 feet 8 these proposed new restrictions frustrate the redevelopment and the remediation. 9 10 III. ISSUE BEFORE HEARING EXAMINER 11 This is a challenge to the threshold detennination by the City of Renton that no 12 Environmental Impact Statement ("EIS") is required prior to the adoption of proposed 13 amendments to the Critical Area Ordinances or Amendments to the Shoreline Management Act 14 Thus has City considered the impacts of its action in a real and meaningful way and does the 15 action proposed by the City impose probably significant adverse impacts? 16 17 IV. ARGUMENT 18 We submit that the State of Washington requires that an "EIS must be prepared whenever 19 more than a moderate effect on the environment is a reasonable probability". Norway Hill 20 Preservation and Protection Association v King County Council 87 Wn. 2d 267 at 278, 552 P. 2d 21 674 at 680. We urge that the Hearing Examiner find that the impacts of such additional 22 regulations upon the industrially impacted and contaminated sites will have significant adverse 23 environmental impacts by its "chilling" effects upon the ability and desire of any owner or 24 APPELLANT J. H. BAXTER'S MEMO~UMTOHE~G EXAMINER-4 LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE, SUITE 3210 SEATTLE, WASHINGTON 98104 (206) 689-1205 FAX (206) 381·3574 1 developer to move forward under these regulations to redevelop such property. These regulations 2 will reduce the likelihood of any remediation and! .or the extent of such remediation, to the 3 significant detriment of the environment. This is especially true within 100 feet of the shoreline. 4 Under Byers v Board of Clallam County Commissioners, 84 Wn. 2d 796, 529 P_ 2d 823 5 (1974), even land use proposals intended to protect or improve the environment may require an 6 Environmental Impact Statement "EIS" under State Environmental Protection Act ("SEP A") 7 Alpine Lakes Protective Society v Washington State Department of Natural Resources, 102 Wn. 8 App. 1, 979 P_ 2d 929 (1999), requires that the record must demonstrate that environmental 9 factors·were considered in.a manner sufficient to amount to prove compliance with the procedural 10 requirements of SEP A and that the decision to issue even an MDNS was based on information 11 sufficient to evaluate the proposal's environmental impact. See also, Moss v. Bellingham, 109 12 Wash. App. 6, 31 P. 3d 703 (2001)_ Thus the City of Renton cannot assume from the fact its 13 intended purpose in adopting proposed amendments would be beneficial to the environment 14 satisfies the requirement that it be fully evaluated as to any significant adverse effects that may be 15 generated from its action. We respectfully submit that the city did not even make an effort to do 16 so and thus, given our demonstration of the potential significant adverse effects, that the action of 17 the city fails this test and should be reversed.· 18 19 V. SIGNIFICANT APPLICATION OF POTENTIAL ADVERSE IMPACT RULE 20 Under the foregoing factual -statement set forth above and in accordance with the 21 declaration and evidence submitted by others who have participated in Brownfield developments, 22 we believe that the city has failed to meet its required obligation to consider and evaluate the 23 potential for significant negative impact on those industrially operated and contaminated 24 APPELLANT J. H. BAXTER'S MEMO~UMTOHE~G EXAMINER-5 LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE, SUITE 3210 SEATILE, WASHINGTON 98104 (206) 689-1205 FAX (206) 381-3574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 properties in the City of Renton. This is a significant number of properties. Along Lake Washington most properties that have potential for redevelopment are the industrial properties. Additional industrial properties front Cedar River. These properties mayor may not contain contamination. However, all such properties may significantly be frustrated from redevelopment and thus remediation. This is a significant adverse environmental impact arising from the ordinances under consideration. The failure to explore and evaluate such issues shows the failure of the City and highlights the need for a full EIS. Thus an EIS should have been prepared and the Hearing Examiner is urged to order that the City do so. 0/ DATED this ~day of November, 2004 at Seattle, Washington. APPELLANT J. H. BAXTER'S MEMORANDUM TO HEARING EXAMINER-6 Respectfully Submitted by, LAW OFFICES OF JAMES C. HANKEN (jrl0mey for J. H. Baxter & Co., Defendants LAW OFFICES OF JAMES C. HANKEN 999 THIRD AVENUE, SUITE 3210 SEATILE, WASHINGTON 98104 (206) 689-1205 FAX (206) 381-3574 Kathy Keolker-Wheelerr Mayor November 1, 2004 James C. Hanken 999 Third Avenue, Suite 3210 Seattle, W A 98104 CITY OF RENTON . Hearing Examiner Fred J. Kaufman Re: Appeal of Determination of non-Significance for City of Renton Best Available Science Critical Area Regulations and Shoreline Master Program GMA Integration, LUA-04-084, ECF Dear Mr. Hanken: Please be advised that the appeal hearing in the above matter has been rescheduled for Tuesday, November 16,2004 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Fred Kaufman Hearing Examiner City of Renton FKlnt cc: Larry Warren, City Attorney Neil Watts, Development Services Jennifer Henning, Development Services Rebecca Lind, Development Services Gregg Zimmerman, City of Renton All Parties of Record ----lO-S-S-s-ou-th-G-~-I:a-dy-W-ay---R-e-n-to-n-, W-as-h-in-g-to-n-9-g-0S-5---(4-2-5-) 4-3-0--6-5-15----~ ~ AHEAD OF THE CURVE \:CI This paper contains 50% recycled material, 30% post consumer